AB 521: Occupational safety and health standards: construction jobsites: toilet facilities.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-08
Current Status:
Passed
(2023-10-08: Chaptered by Secretary of State - Chapter 529, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill directs the state safety standards board to propose rules requiring at least one single-user toilet on every construction jobsite that is designated for employees who self-identify as female or nonbinary, affecting construction employers and workers. It also exempts construction jobsites from the law that otherwise requires single-user toilets in businesses and public buildings to be labeled as all‑gender.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, and the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law, the California Occupational Safety and Health Act of 1973 (OSHA), requires employers to comply with certain safety and health standards, as specified, and charges the division with enforcement of the act.
Existing law requires the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising the heat illness standard and wildfire smoke standard. Existing law also requires the standards board to review the proposed changes and consider adopting revised standards on or before December 31, 2025.
This bill would require the standards board, before December 1, 2025, to draft a rulemaking proposal to consider revising a regulation on construction jobsite toilet facilities to require at least one single-user toilet facility on all construction jobsites, designated for employees who self-identify as female or nonbinary. The bill would require the standards board to consider adopting revised standards for the standards described above on or before December 31, 2025.
Existing law further requires all single-user toilet facilities in a business establishment, place of public accommodation, or state or local government agency to be identified as all-gender toilet facilities by specified signage and designated for use by no more than one occupant at a time or for family or assisted use.
This bill would provide that this provision does not apply to construction jobsites, as described above. The bill would include related legislative findings.
Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, and the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law, the California Occupational Safety and Health Act of 1973 (OSHA), requires employers to comply with certain safety and health standards, as specified, and charges the division with enforcement of the act.
Existing law requires the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising the heat illness standard and wildfire smoke standard. Existing law also requires the standards board to review the proposed changes and consider adopting revised standards on or before December 31, 2025.
This bill would require the standards board, before December 1, 2025, to draft a rulemaking proposal to consider revising a regulation on construction jobsite toilet facilities to require at least one single-user toilet facility on all construction jobsites, designated for employees who self-identify as female or nonbinary. The bill would require the standards board to consider adopting revised standards for the standards described above on or before December 31, 2025.
Existing law further requires all single-user toilet facilities in a business establishment, place of public accommodation, or state or local government agency to be identified as all-gender toilet facilities by specified signage and designated for use by no more than one occupant at a time or for family or assisted use.
This bill would provide that this provision does not apply to construction jobsites, as described above. The bill would include related legislative findings.
Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with and the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law, the California Occupational Safety and Health Act of 1973 (OSHA), requires employers to comply with certain safety and health standards, as specified, and charges the division with enforcement of the act.
Existing law requires the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising the heat illness standard and wildfire smoke standard. Existing law also requires the standards board to review the proposed changes and consider adopting revised standards on or before December 31, 2025.
This bill would also require the division, standards board, before December 1, 2025, to submit to the standards board draft a rulemaking proposal to consider revising a regulation on construction jobsite toilet facilities to require at least one designated separate toilet facility for jobsites with 2 or more required separate toilet facilities for employees who self-identify as female or nonbinary. single-user toilet facility on all construction jobsites, designated for employees who self-identify as female or nonbinary. The bill would require the standards board to review the proposed changes and consider adopting revised standards for the standards described above on or before December 31, 2025. The bill would include related legislative findings.
Existing law further requires all single-user toilet facilities in a business establishment, place of public accommodation, or state or local government agency to be identified as all-gender toilet facilities by specified signage and designated for use by no more than one occupant at a time or for family or assisted use.
This bill would provide that this provision does not apply to construction jobsites, as described above. The bill would include related legislative findings.
Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law, the California Occupational Safety and Health Act of 1973 (OSHA), requires employers to comply with certain safety and health standards, as specified, and charges the division with enforcement of the act.
Existing law requires the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising the heat illness standard and wildfire smoke standard. Existing law also requires the standards board to review the proposed changes and consider adopting revised standards on or before December 31, 2025.
This bill would also require the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising a regulation on construction jobsite restrooms toilet facilities to require at least one womens designated restroom separate toilet facility for jobsites with 2 or more required water closets. separate toilet facilities for employees who self-identify as female or nonbinary. The bill would require the standards board to review the proposed changes and consider adopting revised standards for the standards described above on or before December 31, 2025. The bill would include related legislative findings.
Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law, the California Occupational Safety and Health Act of 1973 (OSHA), requires employers to comply with certain safety and health standards, as specified, and charges the division with enforcement of the act.
Existing law requires the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising the heat illness standard and wildfire smoke standard. Existing law also requires the standards board to review the proposed changes and consider adopting revised standards on or before December 31, 2025.
This bill would also require the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising a regulation on construction jobsite restrooms to require at least one womens designated restroom for jobsites with 2 or more required water closets. The bill would require the standards board to review the proposed changes and consider adopting revised standards for the standards described above on or before December 31, 2025. The bill would include related legislative findings.
Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law, the California Occupational Safety and Health Act of 1973 (OSHA), requires employers to comply with certain safety and health standards, as specified, and charges the division with enforcement of the act.
Existing law requires the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising the heat illness standard and wildfire smoke standard. Existing law also requires the standards board to review the proposed changes and consider adopting revised standards on or before December 31, 2025.
This bill would also require the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising a regulation on construction jobsite restrooms to require at least one womens designated restroom for jobsites with 2 or more required water closets. The bill would require the standards board to review the proposed changes and consider adopting revised standards for the standards described above on or before December 31, 2025. The bill would include related legislative findings.
Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law, the California Occupational Safety and Health Act of 1973 (OSHA), requires employers to comply with certain safety and health standards, as specified, and charges the division with enforcement of the act.
Existing law requires the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising the heat illness standard and wildfire smoke standard. Existing law also requires the standards board to review the proposed changes and consider adopting revised standards on or before December 31, 2025.
This bill would also require the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising a regulation on jobsite restrooms to require at least one womens designated restroom for jobsites with 2 or more required water closets. The bill would require the standards board to review the proposed changes and consider adopting revised standards for the standards described above on or before December 31, 2025. The bill would include related legislative findings.
(a)The Legislature finds and declares all of the following:
(1)Women and nonbinary individuals are underrepresented in the trades and also face numerous barriers on construction jobsites.
(2)One of these many barriers is access to a clean and secure restroom.
(3)Shared restrooms often pose sanitary as well as safety concerns for women and nonbinary individuals on construction jobsites.
(b)In order to ensure the safety and security of women and nonbinary individuals on construction jobsites, the Legislature further finds and declares that it is necessary to take action to ensure that women and nonbinary individuals have access to at least one separate designated toilet facility at construction jobsites when other toilet facilities are also available for others at the construction jobsite.
SEC. 2.Section 118600 of the Health and Safety Code is amended to read:118600.(a)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.
(b)During any inspection of a business or a place of public accommodation by an inspector, building official, or other local official responsible for code enforcement, the inspector or official may inspect for compliance with this section.
(c)For the purposes of this section, single-user toilet facility means a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.
(d)This section shall become operative on March 1, 2017.(e)This section does not apply to construction jobsites, as described in subdivision (a) of Section 6722 of the Labor Code.
SEC. 3.Section 6722 is added to the Labor Code, to read:6722.(a)(1)The standards board, before December 1, 2025, shall draft a rulemaking proposal to consider revising Section 1526 of Title 8 of the California Code of Regulations to require at least one single-user toilet facility on all construction jobsites, designed for employees who self-identify as female or nonbinary.
(2)The standards board shall consider adopting revised standards for the standards described in paragraph (1) on or before December 31, 2025.
(b)A construction jobsite described in paragraph (1) of subdivision (a) shall not be subject to the requirements set forth in Section 118600 of the Health and Safety Code.
(a)The Legislature finds and declares all of the following:
(1)Women and nonbinary individuals are underrepresented in the trades and also face numerous barriers on construction jobsites.
(2)One of these many barriers is access to a clean and secure restroom.
(3)Shared restrooms often pose sanitary as well as safety concerns for women and nonbinary individuals on construction jobsites.
(b)In order to ensure the safety and security of women and nonbinary individuals on construction jobsites, the Legislature further finds and declares that it is necessary to take action to ensure that women and nonbinary individuals have access to at least one separate designated toilet facility at construction jobsites when other toilet facilities are also available for others at the construction jobsite.
SEC. 2.Section 118600 of the Health and Safety Code is amended to read:118600.(a)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.
(b)During any inspection of a business or a place of public accommodation by an inspector, building official, or other local official responsible for code enforcement, the inspector or official may inspect for compliance with this section.
(c)For the purposes of this section, single-user toilet facility means a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.
(d)This section shall become operative on March 1, 2017.(e)This section does not apply to construction jobsites, as described in subdivision (a) of Section 6722 of the Labor Code.
SEC. 3.Section 6722 is added to the Labor Code, to read:6722.(a)(1)The standards board, before December 1, 2025, shall draft a rulemaking proposal to consider revising Section 1526 of Title 8 of the California Code of Regulations to require at least one single-user toilet facility on all construction jobsites, designed for employees who self-identify as female or nonbinary.
(2)The standards board shall consider adopting revised standards for the standards described in paragraph (1) on or before December 31, 2025.
(b)A construction jobsite described in paragraph (1) of subdivision (a) shall not be subject to the requirements set forth in Section 118600 of the Health and Safety Code.
(a)The Legislature finds and declares all of the following:
(1)Women and nonbinary individuals are underrepresented in the trades and also face numerous barriers on construction jobsites.
(2)One of these many barriers is access to a clean and secure restroom.
(3)Shared restrooms often pose sanitary as well as safety concerns for women and nonbinary individuals on construction jobsites.
(b)In order to ensure the safety and security of women and nonbinary individuals on construction jobsites, the Legislature further finds and declares that it is necessary to take action to ensure that women and nonbinary individuals have access to at least one separate designated toilet facility at construction jobsites when other toilet facilities are also available for others at the construction jobsite.
SEC. 2.Section 118600 of the Health and Safety Code is amended to read:118600.(a)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.
(b)During any inspection of a business or a place of public accommodation by an inspector, building official, or other local official responsible for code enforcement, the inspector or official may inspect for compliance with this section.
(c)For the purposes of this section, single-user toilet facility means a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.
(d)This section shall become operative on March 1, 2017.(e)This section does not apply to construction jobsites, as described in subdivision (a) of Section 6722 of the Labor Code.
SEC. 2.SEC. 3.Section 6722 is added to the Labor Code, to read:6722.(a)(1)The division, standards board, before December 1, 2025, shall submit to the standards board draft a rulemaking proposal to consider revising Section 1526 of Title 8 of the California Code of Regulations to require at least one designated separate toilet facility for jobsites with two or more required separate toilet facilities for employees who self-identify as female or nonbinary. single-user toilet facility on all construction jobsites, designed for employees who self-identify as female or nonbinary.
(b)(2)The standards board shall review the rulemaking proposal and consider adopting revised standards for the standards described in subdivision (a) paragraph (1) on or before December 31, 2025.
(b)A construction jobsite described in paragraph (1) of subdivision (a) shall not be subject to the requirements set forth in Section 118600 of the Health and Safety Code.
(a)The Legislature finds and declares all of the following:
(1)Women and nonbinary individuals are underrepresented in the trades and also face numerous barriers on jobsites.
(2)One of these many barriers is access to a clean and secure restroom.
(3)Shared restrooms often pose sanitary as well as safety concerns for women and nonbinary individuals on jobsites.
(b)In order to ensure the safety and security of women and nonbinary individuals on jobsites, the Legislature further finds and declares that it is necessary to take action to ensure that women and nonbinary individuals have access to at least one separate womens designated restroom toilet facility at jobsites when other restroom toilet facilities are also available for others at the jobsite.
SEC. 2.Section 6722 is added to the Labor Code, to read:6722.(a)The division, before December 1, 2025, shall submit to the standards board a rulemaking proposal to consider revising Section 1526 of Title 8 of the California Code of Regulations to require at least one womens designated restroom separate toilet facility for jobsites with two or more required water closets. separate toilet facilities for employees who self-identify as female or nonbinary.
(b)The standards board shall review the rulemaking proposal and consider adopting revised standards for the standards described in subdivision (a) on or before December 31, 2025.
(a)The Legislature finds and declares all of the following:
(1)Women are underrepresented in the trades and also face numerous barriers on jobsites.
(2)One of these many barriers is access to a clean and secure restroom.
(3)Shared restrooms often pose sanitary as well as safety concerns for women on jobsites.
(b)In order to ensure the safety and security of women on jobsites, the Legislature further finds and declares that it is necessary to take action to ensure that women have access to at least one separate womens designated restroom at jobsites when other restroom facilities are also available for others at the jobsite.
SEC. 2.Section 6722 is added to the Labor Code, to read:6722.(a)The division, before December 1, 2025, shall submit to the standards board a rulemaking proposal to consider revising Section 1526 of Title 8 of the California Code of Regulations to require at least one womens designated restroom for jobsites with two or more required water closets.
(b)The standards board shall review the rulemaking proposal and consider adopting revised standards for the standards described in subdivision (a) on or before December 31, 2025.
(a)The Legislature finds and declares all of the following:
(1)Women are underrepresented in the trades and face numerous barriers on jobsites.
(2)One of these many barriers is access to a clean and secure restroom.
(3)Shared restrooms often pose sanitary as well as safety concerns for women on jobsites.
(b)In order to ensure the safety and security of women on jobsites, the Legislature further finds and declares that it is necessary to take action to ensure that women have access to at least one separate womens designated restroom at jobsites when other restroom facilities are also available for others at the jobsite.
SEC. 2.Section 6722 is added to the Labor Code, to read:6722.(a)The division, before December 1, 2025, shall submit to the standards board a rulemaking proposal to consider revising Section 3364 1526 of Title 8 of the California Code of Regulations to require at least one womens designated restroom for jobsites with two or more required water closets.
(b)The standards board shall review the rulemaking proposal and consider adopting revised standards for the standards described in subdivision (a) on or before December 31, 2025.
(a)The Legislature finds and declares all of the following:
(1)Women are underrepresented in the trades and face numerous barriers on jobsites.
(2)One of these many barriers is access to a clean and secure restroom.
(3)Shared restrooms often pose sanitary as well as safety concerns for women on jobsites.
(b)In order to ensure the safety and security of women on jobsites, the Legislature further finds and declares that it is necessary to take action to ensure that women have access to at least one separate womens designated restroom at jobsites when other restroom facilities are also available for others at the jobsite.
SEC. 2.Section 6722 is added to the Labor Code, to read:6722.(a)The division, before December 1, 2025, shall submit to the standards board a rulemaking proposal to consider revising Section 3364 of Title 8 of the California Code of Regulations to require at least one womens designated restroom for jobsites with two or more required water closets.
(b)The standards board shall review the rulemaking proposal and consider adopting revised standards for the standards described in subdivision (a) on or before December 31, 2025.
|
Date
|
Status
|
|---|---|
| Oct 8, 2023 | Chaptered by Secretary of State - Chapter 529, Statutes of 2023. |
| Oct 8, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3384.). |
| Sep 12, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 12, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 2639.). |
| Sep 11, 2023 | Read second time. Ordered to third reading. |
| Sep 8, 2023 | Read third time and amended. Ordered to second reading. |
| Jul 5, 2023 | Read second time. Ordered to third reading. |
| Jul 3, 2023 | From committee: Do pass. (Ayes 5. Noes 0.) (July 3). |
| Jun 26, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 22, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 22). |
| Jun 14, 2023 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| May 31, 2023 | Referred to Com. on L., P.E. & R. |
| May 23, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 22, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1693.) |
| May 15, 2023 | Read third time and amended. Ordered to third reading. (Page 1557.) |
| May 11, 2023 | Read second time. Ordered to third reading. |
| May 10, 2023 | From committee: Do pass. (Ayes 15. Noes 0.) (May 10). |
| Apr 27, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 26). Re-referred to Com. on APPR. |
| Apr 18, 2023 | Re-referred to Com. on L. & E. |
| Apr 17, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended. |
| Feb 17, 2023 | Referred to Com. on L. & E. |
| Feb 8, 2023 | From printer. May be heard in committee March 10. |
| Feb 7, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | AB 521 Bauer-Kahan Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2023 | Assembly 3rd Reading AB521 Bauer-Kahan et al. By Smallwood-Cuevas | Senate Floor |
Passed |
|
| Jul 3, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 22, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Labor, Public Employment and Retirement |
Passed |
|
| May 22, 2023 | AB 521 Bauer-Kahan Assembly Third Reading | Assembly Floor |
Passed |
|
| May 10, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 26, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Labor and Employment |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Builders Alliance | ** Support | |
| California Democratic Party | ** Support | |
| California Labor Federation, Afl-Cio | ** Support | |
| Contra Costa Central Labor Council | ** Support | |
| District Council 16 Painters and Allied Trades | ** Support | |
| IBEW Local 302 | * Support | Apr 26, 2023 |
| ibw local 302 | * Support | Jun 22, 2023 |
| Sacramento Regional Builders Exchange | ** Support | |
| State Building and Construction Trades Council of California | ** Support | |
| Vulcan Materials Company | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 521
Author:(Bauer-Kahan)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Requires the Occupational Safety and Health Standards Board (standards board), before December 1, 2025, to draft a rulemaking proposal to consider revising regulations on construction jobsite restrooms to require at least one single-user toilet facility on all construction jobsites, designed for employees who self-identify as female or nonbinary. Additionally requires the standards board to consider adopting revised standards on or before December 31, 2025.
Senate Amendments
- Clarify that the standards board and not Cal/OSHA shall draft a rulemaking proposal to consider revising toilet facility regulations at construction jobsites.
- Clarify that the revision for the standards board to consider would require at least one single-user toilet facility on all construction jobsites, designed for employees who self-identify as female or nonbinary.
- State that the proposed requirement described in 2), above, is not subject to toilet facility requirements for a business establishment, place of public accommodation, or state or local government agency as provided in the Health and Safety Code.
COMMENTS
In 2017, women made up 2.5% of apprentices in the construction industry in California.[1] This significant underrepresentation in the workforce can lend itself to a hostile work environment. A recent report that interviewed tradeswomen in Washington State found that their work environment lead to disproportionate physical risks and psychological distress. The report cites lack of adequate bathrooms as one psychosocial threat.[2] A lack of women-only restrooms left "many women with few choices: using unsanitary porta-potties that may lack locks or be inaccessible depending on the size of the jobsite; traveling off site to commercial facilities; or not using bathrooms at all during their shifts.[3]"
According to the Author
"Women in the trades already face so many barriers, bathroom access should not be one of them. AB 521 is a simple bill to ensure women on jobsites have access to the clean, private restrooms they deserve."
In addition, the bill is benefitting a marginalized community because "women – 50% of the population – are still severely underrepresented in the trades. Nationally only 4% of the building trades workforce are women. While this number is growing, numerous barriers are preventing women in the trades from reaching their full potential. By protecting bathroom access on jobsites, this bill will help women in the trades, who continue to be severely unrepresented in this field."
Arguments in Support
The State Building and Construction Trades Council of California, sponsor of the bill, states, "According to data from the Division of Apprenticeship Standards, joint labor-management Building Trades apprenticeship programs collectively graduate over 90% of women apprentices in California's state-approved apprenticeship system. A daily challenge for women in the building trades is restroom access. When women first entered the profession, restrooms were oftentimes used to exclude and bully the women on site. Now, though not as frequently used as a tool of intimidation, restrooms are still a barrier for women, who may face serious sanitary issues when using facilities.
On jobsites, women habitually share restrooms with their male coworkers who don't necessarily have the same issues with using the facilities. Consequently, women will opt out of using these shared facilities, resulting in health impacts such as infections and, in severe cases, permanent kidney damage.
AB 521 resolves these issues by requiring OSHA to submit standards and consider requiring at least one women's restroom at jobsites that already have two or more required water closets by 2025."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee, the Department of Industrial Relations indicates that it would incur a one-time cost of $92,000 to implement the provisions of this bill (Occupational Safety and Health Fund).
VOTES:
ASM LABOR AND EMPLOYMENT: 7-0-0
YES: Kalra, Flora, Chen, Haney, Ortega, Reyes, Ward
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Addis, Lowenthal, Papan, Pellerin, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Mathis
ASSEMBLY FLOOR: 77-0-3
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Chen, Lackey, Quirk-Silva
UPDATED
VERSION: September 8, 2023
CONSULTANT: Megan Lane / L. & E. / (916)319-2091 FN: 0002392
State of California Department of Industrial Relations, Division of Apprenticeship Standards, 2017 Legislative Report: Apprenticeship: Keeping California's Workforce Healthy, p.4. ↑
Curtis, Hannah M, Meischke, Hendrika W., et al, "Working Safely in the Trades as Women: A Qualitative Exploration and Call for Women-Supportive Interventions," Frontiers in Public Health, 2021.
Ibid. ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 521 |
THIRD READING
Bill No: AB 521
Author: Bauer-Kahan (D), et al.
Amended: 9/8/23 in Senate
Vote: 21
SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 6/22/23
AYES: Cortese, Wilk, Durazo, Laird, Smallwood-Cuevas
SENATE APPROPRIATIONS COMMITTEE: 5-0, 7/3/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NO VOTE RECORDED: Jones, Seyarto
ASSEMBLY FLOOR: 77-0, 5/22/23 - See last page for vote
SUBJECT: Occupational safety and health standards: construction jobsites: toilet facilities
SOURCE: State Building and Construction Trades Council
DIGEST:
This bill, by December 31, 2025, requires the California Division of Occupational Safety and Health Standards Board (CalOSHA) to draft a rulemaking proposal and consider requiring at least one designated single-user toilet facility for women and nonbinary employees at construction jobsites.
Senate Floor Amendments of 9/8/23:
- Clarify the CalOSHA standards board shall draft the regulations for consideration of adoption by December 1, 2025.
- Clarify this bill’s provisions are separate from existing law that requires places of public accommodation, including businesses and governmental agencies, to provide an all-gender toilet facility.
- Expand this bill’s application to all construction jobsites, thereby also requiring sites with less than 20 employees to provide an additional single-user toilet facility for employees who self-identify as female or nonbinary
ANALYSIS:
Existing law:
- Establishes CalOSHA within the Department of Industrial Relations (DIR) to maintain and enforce employee safety.
- Creates the Occupational Safety and Health Standards Board (Board) within DIR, consisting of seven members appointed by the Governor: two from the field of management, two from the field of labor, one from the field of occupational health, one from the field of occupational safety, and one member of the public.
- Requires a minimum of one separate toilet facility to be provided for each 20 employees. Such facilities may include both toilets and urinals provided that the number of toilets shall not be less than one half of the minimum required number of facilities. Where there are less than five employees, one single-user toilet facility designated for all-gender use is sufficient. Each single-user toilet facility designated for all-gender use counts as one of the required separate toilet facilities if all of the following conditions are met:
- The total number of facilities provided is in accordance with the requirement that one separate facility be provided for every 20 employees or a fraction thereof of each gender.
- All single-user toilet facilities are designated for all-gender use.
- Requires all multi-user separate toilet facilities be provided in equal number to each gender.
- Requires apprenticeship programs to make all bathroom facilities available without regard to protected characteristics, including gender and gender identity, except that if the apprenticeship program provides restrooms or changing facilities, the apprenticeship programs may provide separate or all-gender toilets and changing facilities, provided that all individuals have equal access to facilities consistent with their gender identity.
- Requires single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency to be identified as all-gender toilet facilities by signage and designated for use by no more than one occupant at a time or for family or assisted use. “Single-user toilet facility” is defined as a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.
- Authorizes local governments to require multiuser public toilet facilities within its jurisdiction to be designed, constructed, and identified for use by all genders.
This bill:
- Requires CalOSHA, on or before December 1, 2025, to draft and consider revising regulations regarding construction jobsite single-user toilet facilities to require at least one separate designated toilet facility for employees who self-identify as female or nonbinary.
- Makes legislative findings and declarations.
Background
Existing California regulations requires a minimum of one single-user toilet on jobsites for every 20 employees. For jobsites with 40 employees, the employer shall provide no less than two all-gender single-user toilets.
Need for the bill. According to the author, “On construction sites, women habitually share restrooms with their male coworkers, who don't necessarily have the same issues with using the facilities. Consequently, women will opt out of using these shared facilities, resulting in health impacts such as infections and, in severe cases, permanent kidney damage. Women in the trades already face so many barriers, bathroom access should not be one of them. AB 521 is a simple bill to ensure women on jobsites have access to the clean, private restrooms they deserve.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, “DIR indicates that it would incur a one-time cost of $92,000 to implement the provisions of the bill (Occupational Safety and Health Fund).”
SUPPORT: (Verified 9/7/23)
State Building and Construction Trades Council of California (source)
California Builders Alliance
California Democratic Party
California Labor Federation, AFL-CIO
Contra Costa Central Labor Council
District Council 16 Painters and Allied Trades
Sacramento Regional Builders Exchange
Vulcan Materials Company
Individual Letters: 2
OPPOSITION: (Verified 9/7/23)
None received
ARGUMENTS IN SUPPORT: The State Building and Construction Trades Council of California states:
According to data from the Division of Apprenticeship Standards, joint labor-management Building Trades apprenticeship programs collectively graduate over 90 percent of women apprentices in California’s state-approved apprenticeship system. A daily challenge for women in the building trades is restroom access. When women first entered the profession, restrooms were oftentimes used to exclude and bully the women on site. Now, though not as frequently used as a tool of intimidation, restrooms are still a barrier for women, who may face serious sanitary issues when using facilities.
On jobsites, women habitually share restrooms with their male coworkers who don't necessarily have the same issues with using the facilities. Consequently, women will opt out of using these shared facilities, resulting in health impacts such as infections and, in severe cases, permanent kidney damage.
AB 521 resolves these issues by requiring OSHA to submit standards and consider requiring at least one women’s restroom at jobsites that already have two or more required water closets by 2025.
This is a simple and straightforward measure that creates a secure and comfortable workplace for everyone by paying attention to the needs of women in the trades.
ASSEMBLY FLOOR: 77-0, 5/22/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Chen, Lackey, Quirk-Silva
Prepared by: Dawn Clover / L., P.E. & R. / (916) 651-1556
9/11/23 13:01:22
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 521 |
THIRD READING
Bill No: AB 521
Author: Bauer-Kahan (D), et al.
Amended: 6/26/23 in Senate
Vote: 21
SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 6/22/23
AYES: Cortese, Wilk, Durazo, Laird, Smallwood-Cuevas
SENATE APPROPRIATIONS COMMITTEE: 5-0, 7/3/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NO VOTE RECORDED: Jones, Seyarto
ASSEMBLY FLOOR: 77-0, 5/22/23 - See last page for vote
SUBJECT: Occupational safety and health standards: construction jobsites: restrooms
SOURCE: State Building and Construction Trades Council of California
DIGEST:
This bill, by December 31, 2025, requires the California Division of Occupational Safety and Health (CalOSHA) to submit a rulemaking proposal and consider requiring at least one designated toilet facility for women and nonbinary employees at jobsites that already have two or more required toilet facilities.
ANALYSIS:
Existing law:
- Establishes CalOSHA within the Department of Industrial Relations (DIR) to maintain and enforce employee safety.
- Creates the Occupational Safety and Health Standards Board (Board) within DIR, consisting of seven members appointed by the Governor: two from the field of management, two from the field of labor, one from the field of occupational health, one from the field of occupational safety, and one member of the public.
- Requires a minimum of one separate toilet facility to be provided for each 20 employees. Such facilities may include both toilets and urinals provided that the number of toilets shall not be less than one half of the minimum required number of facilities. Where there are less than five employees, one single-user toilet facility designated for all-gender use is sufficient. Each single-user toilet facility designated for all-gender use counts as one of the required separate toilet facilities if all of the following conditions are met:
- The total number of facilities provided is in accordance with the requirement that one separate facility be provided for every 20 employees or a fraction thereof of each gender.
- All single-user toilet facilities are designated for all-gender use.
- Requires all multi-user separate toilet facilities be provided in equal number to each gender.
- Requires apprenticeship programs to make all bathroom facilities available without regard to protected characteristics, including gender and gender identity, except that if the apprenticeship program provides restrooms or changing facilities, the apprenticeship programs may provide separate or all-gender toilets and changing facilities, provided that all individuals have equal access to facilities consistent with their gender identity.
- Requires single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency to be identified as all-gender toilet facilities by signage and designated for use by no more than one occupant at a time or for family or assisted use. “Single-user toilet facility” is defined as a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.
- Authorizes local governments to require multiuser public toilet facilities within its jurisdiction to be designed, constructed, and identified for use by all genders.
This bill:
- Requires CalOSHA, before December 1, 2025, to submit to the Board a rulemaking proposal to consider revising regulations regarding construction jobsite restrooms to require at least one separate designated toilet facility for jobsites with two or more required toilet facilities.
- Requires the Board to review the proposed changes and consider adopting revised standards for the standards described above on or before December 31, 2025.
- Makes Legislative findings and declarations.
Background
As of 2020, construction industry employment totaled 10.8 million nationwide. Those identifying as women represent one-tenth of construction employees, according to the U.S. Bureau of Labor Statistics. Another source shows women’s representation at three percent of skilled building trade jobs in the nation. A 2022 report derived from three focus groups of tradeswomen revealed the participants identified many physical and psychosocial hazards, which included dangerous work environments, inadequate personal protective equipment, discrimination, and fear of reprisal. Inadequate bathrooms, gender discrimination, harassment, and fear of layoff for reporting concerns were listed as top psychosocial threats. All participant groups shared dissatisfaction with the cleanliness of jobsite toilets and the scarcity of designated bathrooms.
Existing California regulations require a minimum of one single-user toilet on jobsites for every 20 employees. For jobsites with 40 employees, the employer shall provide no less than two all gender single user toilets. For those jobsites requiring two facilities, this bill would require one facility to be dedicated to women and nonbinary employees.
Comments
Need for the bill. According to the author, “On construction sites, women habitually share restrooms with their male coworkers, who don't necessarily have the same issues with using the facilities. Consequently, women will opt out of using these shared facilities, resulting in health impacts such as infections and, in severe cases, permanent kidney damage. Women in the trades already face so many barriers, bathroom access should not be one of them. AB 521 is a simple bill to ensure women on jobsites have access to the clean, private restrooms they deserve.”
Related/Prior Legislation
SB 1194 (Allen, Chapter 839, Statutes of 2022) authorized local governments to require that multiuser public toilet facilities within its jurisdiction be designed, constructed, and identified for use by all genders.
AB 1732 (Ting, Chapter 818, Statutes of 2016) required businesses, places of public accommodation, or state or local government agencies that offer a single-user toilet facility to be designated as an all-gender toilet facility and authorize an inspector to inspect for compliance.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, “DIR indicates that it would incur a one-time cost of $92,000 to implement the provisions of the bill (Occupational Safety and Health Fund).”
SUPPORT: (Verified 7/3/23)
State Building and Construction Trades Council of California (source)
California Builders Alliance
California Labor Federation, AFL-CIO
Contra Costa Central Labor Council
District Council 16 Painters and Allied Trades
Sacramento Regional Builders Exchange
Vulcan Materials Company
Individual Letters: 2
OPPOSITION: (Verified 7/3/23)
None received
ARGUMENTS IN SUPPORT: The State Building and Construction Trades Council of California states:
According to data from the Division of Apprenticeship Standards, joint labor-management Building Trades apprenticeship programs collectively graduate over 90 percent of women apprentices in California’s state-approved apprenticeship system. A daily challenge for women in the building trades is restroom access. When women first entered the profession, restrooms were oftentimes used to exclude and bully the women on site. Now, though not as frequently used as a tool of intimidation, restrooms are still a barrier for women, who may face serious sanitary issues when using facilities.
On jobsites, women habitually share restrooms with their male coworkers who don't necessarily have the same issues with using the facilities. Consequently, women will opt out of using these shared facilities, resulting in health impacts such as infections and, in severe cases, permanent kidney damage.
AB 521 resolves these issues by requiring OSHA to submit standards and consider requiring at least one women’s restroom at jobsites that already have two or more required water closets by 2025.
This is a simple and straightforward measure that creates a secure and comfortable workplace for everyone by paying attention to the needs of women in the trades.
ASSEMBLY FLOOR: 77-0, 5/22/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Chen, Lackey, Quirk-Silva
Prepared by: Dawn Clover / L., P.E. & R. / (916) 651-1556
7/5/23 14:55:03
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 521 (Bauer-Kahan) - Occupational safety and health standards: construction jobsites: toilet facilities
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 521 would require the Department of Industrial Relations’ (DIR) Division of Occupational Safety and Health (CalOSHA) to submit a rulemaking proposal to consider revising a regulation on construction jobsite toilet facilities to require at least one designated separate toilet facility for jobsites with two or more required separate toilet facilities for employees who self-identify as female or nonbinary, as specified.
Fiscal Impact:
DIR indicates that it would incur a one-time cost of $92,000 to implement the provisions of the bill (Occupational Safety and Health Fund).
Background:
As of 2020, nationwide construction industry employment totaled nearly 11 million. Available federal data indicate that about one-tenth of these employees identify themselves as women. Other data sources put the figure even lower. A 2022 report derived from three focus groups of tradeswomen revealed, among other things, that inadequate bathrooms, gender discrimination, harassment, and fear of layoff for reporting concerns were listed as top psychosocial threats. All participant groups shared dissatisfaction with the cleanliness of jobsite water closets and the scarcity of women only bathrooms.
Existing California regulations require a minimum of one single-user toilet on jobsites for every 20 employees or fraction thereof of each gender. For jobsites with 40 employees, the employer shall provide no less than two all gender single user toilets.
Proposed Law:
This bill would, among other things, (1) require CalOSHA, before December 1, 2025, to submit to the Occupational Safety and Health Standards Board (OSHSB) a rulemaking proposal to consider revising a regulation on construction jobsite toilet facilities to require at least one designated separate toilet facility for jobsites with 2 or more required separate toilet facilities for employees who self-identify as female or nonbinary, and (2) require OSHSB to review the proposed changes and consider adopting revised standards on or before December 31, 2025.
Related Legislation:
- SB 1194 (Allen, Chapter 839, Statutes of 2022) authorized local governments to require that multiuser public toilet facilities within its jurisdiction be designed, constructed, and identified for use by all genders.
- AB 1732 (Ting, Chapter 818, Statutes of 2016) required businesses, places of public accommodation, or state or local government agencies that offer a single-user toilet facility to be designated as an all-gender toilet facility and authorize an inspector to inspect for compliance.
Staff Comments:
As noted above, DIR indicates that the bill would result in one-time costs of $92,000 to CalOSHA and OSHSB to develop and review the proposed standard.
-- END --
SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT
Senator Dave Cortese, Chair
2023 - 2024 Regular
Bill No: AB 521 Hearing Date: June 22, 2023
Author: | Bauer-Kahan | ||
Version: | May 15, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Dawn Clover | ||
SUBJECT: Occupational safety and health standards: construction jobsites: restrooms
KEY ISSUE
Should the Legislature require the California Division of Occupational Safety and Health (CalOSHA) to submit a rulemaking proposal and consider requiring at least one women’s restroom at jobsites that already have two or more required restrooms by December 31, 2025?
ANALYSIS
Existing law:
- Establishes CalOSHA within the Department of Industrial Relations (DIR) to maintain and enforce employee safety. (Labor Code §§6300)
- Creates the Occupational Safety and Health Standards Board (Board) within DIR, consisting of seven members appointed by the Governor: two from the field of management, two from the field of labor, one from the field of occupational health, one from the field of occupational safety, and one member of the public. (Labor Code §140)
- Requires a minimum of one separate toilet facility to be provided for each 20 employees or a fraction thereof of each gender. Such facilities may include both toilets and urinals provided that the number of toilets shall not be less than one half of the minimum required number of facilities. Where there are less than five employees, one single-user toilet facility designated for all-gender use is sufficient. Each single-user toilet facility designated for all-gender use counts as one of the required separate toilet facilities if all of the following conditions are met:
- The total number of facilities provided is in accordance with the requirement that one separate facility be provided for every 20 employees or a fraction thereof of each gender.
- All single-user toilet facilities are designated for all-gender use. (8 CCR §1526)
- The total number of facilities provided is in accordance with the requirement that one separate facility be provided for every 20 employees or a fraction thereof of each gender.
- Requires all multi-user separate toilet facilities be provided in equal number to each gender. (8 CCR §1526)
- Requires apprenticeship programs to make all bathroom facilities available without regard to protected characteristics, including gender and gender identity, except that if the apprenticeship program provides restrooms or changing facilities, the apprenticeship programs may provide separate or all-gender toilets and changing facilities, provided that all individuals have equal access to facilities consistent with their gender identity. (Labor Code §3073.9)
- Requires single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency to be identified as all-gender toilet facilities by signage and designated for use by no more than one occupant at a time or for family or assisted use. “Single-user toilet facility” is defined as a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user. (Health and Safety Code §118600)
- Authorizes local governments to require that multiuser public toilet facilities within its jurisdiction be designed, constructed, and identified for use by all genders. (Health and Safety Code §118507)
- Requires every foundry or metal shop to maintain employee wash bowls, sinks, or other appliances and a water closet connected to running water. (Labor Code §2330)
- Requires every factory, workshop, mercantile or other establishment with one or more employee to provide a sufficient number of clean operational toilet facilities for employee use. When there are five or more employees who are not of the same gender, a sufficient number of separate designated toilet facilities shall be provided for the use of each gender. (Labor Code §2350)
- Obliges the Board to require all agricultural field toilets are serviced and maintained in a clean, sanitary condition and kept in good repair at all times. (Labor Code §6712)
This bill:
- Requires CalOSHA, before December 1, 2025, to submit to the Board a rulemaking proposal to consider revising regulations regarding construction jobsite restrooms to require at least one women’s designated restroom for jobsites with 2 or more required water closets.
- Requires the Board to review the proposed changes and consider adopting revised standards for the standards described above on or before December 31, 2025.
- Makes the following Legislative findings and declarations:
- Women are underrepresented in the trades and also face numerous barriers on jobsites.
- One of these many barriers is access to a clean and secure restroom.
- Shared restrooms often pose sanitary as well as safety concerns for women on jobsites.
- In order to ensure the safety and security of women on jobsites, the Legislature further finds and declares that it is necessary to take action to ensure that women have access to at least one separate women’s designated restroom at jobsites when other restroom facilities are also available for others at the jobsite.
- Women are underrepresented in the trades and also face numerous barriers on jobsites.
COMMENTS
1. Background
As of 2020, construction industry employment totaled 10.8 million nationwide. Those identifying as women represent just one-tenth of construction employees, according to the U.S. Bureau of Labor Statistics. Another source shows women’s representation at 3 percent of skilled building trade jobs in the nation.[1] A 2022 report derived from three focus groups of tradeswomen revealed the participants identified many physical and psychosocial hazards, which included dangerous work environments, inadequate personal protective equipment, discrimination, and fear of reprisal. Inadequate bathrooms, gender discrimination, harassment, and fear of layoff for reporting concerns were listed as top psychosocial threats. All participant groups shared dissatisfaction with the cleanliness of jobsite water closets and the scarcity of women only bathrooms.[2]
Existing California regulations require a minimum of one single-user toilet on jobsites for every 20 employees or fraction thereof of each gender. For jobsites with 40 employees, the employer shall provide no less than two all gender single user toilets. For those jobsites requiring two facilities, this bill would require one of those facilities to be dedicated to women only.
2. Need for this bill?
According to the author, “On construction sites, women habitually share restrooms with their male coworkers, who don't necessarily have the same issues with using the facilities. Consequently, women will opt out of using these shared facilities, resulting in health impacts such as infections and, in severe cases, permanent kidney damage. Women in the trades already face so many barriers, bathroom access should not be one of them. AB 521 is a simple bill to ensure women on jobsites have access to the clean, private restrooms they deserve.”
3. Committee Discussion
Employees Who Are Non-Binary and Identify as Female
In 2016, this Legislature passed first of its kind state legislation that required all single-user
restroom facilities in businesses, places of public accommodation, and state and
local government agencies to be identified as all-gender facilities to protect transgender and
gender non-conforming individuals from harassment and violence. Recent apprenticeship
registration numbers indicate that out of 92,437 total active registered apprentices, 83,898
identify as male, 8,453 identify as female, and 53 identify as non-binary. Taking into
consideration the existing and future needs of all employees, the author and committee may
wish to provide CalOSHA with additional guidance to authorize employees who identify as
female and non-binary the use of the proposed dedicated restroom on jobsites.
Applicable to Jobsites Without Employees Who Identify as Female
This bill would require CalOSHA to consider requiring one women’s restroom on jobsites that require two or more, which is the regulatory requirement for a site with 40 or more employees. Currently, if two women are employed on a jobsite without plumbing, existing regulations authorize the employer to provide at least two all-gender single-user toilet facilities. As currently drafted this bill would direct the Board to consider requiring employers to provide a dedicated toilet on jobsites where there are no women employed.
Term Clarification Needed
This bill requires CalOSHA to draft proposed regulations and have the Board consider requiring a separate restroom dedicated to women. Pursuant to existing regulations, a “restroom” and “water closet” would be interpreted to mean a plumbed flushable toilet. Because these are unavailable on jobsites with no available plumbing, the author and committee may wish to consider using the term “separate toilet facility.”
4. Committee Amendments
- The Legislature finds and declares all of the following:
- Women and non-binary individuals are underrepresented in the trades and also face numerous barriers on jobsites.
- One of these many barriers is access to a clean and secure restroom.
- Shared restrooms often pose sanitary as well as safety concerns for women and non-binary individuals on jobsites.
- In order to ensure the safety and security of women and non-binary individuals on jobsites, the Legislature further finds and declares that it is necessary to take action to ensure that women and non-binary individuals have access to at least one separate
women’sdesignatedrestroomtoilet facility at jobsites when otherrestroomtoilet facilities are also available for others at the jobsite.
6722.
(a) The division, before December 1, 2025, shall submit to the standards board a rulemaking
proposal to consider revising Section 1526 of Title 8 of the California Code of Regulations to
require at least one women’s designated restroom separate toilet facility for jobsites with two
or more required water closets separate toilet facilities for employees who self-identify as
female or non-binary.
(b) The standards board shall review the rulemaking proposal and consider adopting revised
standards for the standards described in subdivision (a) on or before December 31, 2025.
5. Proponent Arguments
According to the State Building and Construction Trades Council of California, “A daily challenge for women in the building trades is restroom access. When women first entered the profession, restrooms were oftentimes used to exclude and bully the women on site. Now, though not as frequently used as a tool of intimidation, restrooms are still a barrier for women, who may face serious sanitary issues when using facilities.
On jobsites, women habitually share restrooms with their male coworkers who don't necessarily have the same issues with using the facilities. Consequently, women will opt out of using these shared facilities, resulting in health impacts such as infections and, in severe cases, permanent kidney damage.
AB 521 resolves these issues by requiring OSHA to submit standards and consider requiring at least one women’s restroom at jobsites that already have two or more required water closets by 2025.
This is a simple and straightforward measure that creates a secure and comfortable workplace for everyone by paying attention to the needs of women in the trades.”
5. Opponent Arguments:
None received.
6. Prior Legislation:
SB 1194 (Allen - Chapter 839, Statutes of 2022) authorized local governments to require that multiuser public toilet facilities within its jurisdiction be designed, constructed, and identified for use by all genders.
AB 1732 (Ting - Chapter 818, Statutes of 2016) required businesses, places of public accommodation, or state or local government agencies that offer a single-user toilet facility to be designated as an all-gender toilet facility and authorize an inspector to inspect for compliance.
SUPPORT
State Building and Construction Trades Council of California (Sponsor)
California Builders Alliance
California Labor Federation, AFL-CIO
District Council 16 Painters and Allied Trades
Sacramento Regional Builders Exchange
Vulcan Materials Company
OPPOSITION
None received
-- END --
Curtis HM, Meischke HW, Simcox NJ, Laslett S, Monsey LM, Baker M, Seixas NS. Working Safely in the Trades as Women: A Qualitative Exploration and Call for Women-Supportive Interventions. Front Public Health. 2022 Jan 26;9:781572. doi: 10.3389/fpubh.2021.781572. PMID: 35155345; PMCID: PMC8833840. ↑
Curtis HM, Meischke HW, Simcox NJ, Laslett S, Monsey LM, Baker M, Seixas NS. Working Safely in the Trades as Women: A Qualitative Exploration and Call for Women-Supportive Interventions. Front Public Health. 2022 Jan 26;9:781572. doi: 10.3389/fpubh.2021.781572. PMID: 35155345; PMCID: PMC8833840. ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 521
Author:(Bauer-Kahan)
As Amended Ver:May 15, 2023
Majority vote
SUMMARY
Requires the Division of Occupational Safety and Health (Cal/OSHA), before December 1, 2025, to submit to the Occupational Safety and Health Standards Board (standards board) a rulemaking proposal to consider revising a regulation on construction jobsite restrooms to require at least one women's designated restroom for jobsites with two or more required water closets. Additionally requires the standards board to review the proposed changes and consider adopting a revised standard on or before December 31, 2025.
Major Provisions
See summary.
COMMENTS
In 2017, women made up 2.5% of apprentices in the construction industry in California.[1] This significant underrepresentation in the workforce can lend itself to a hostile work environment. A recent report that interviewed tradeswomen in Washington State found that their work environment lead to disproportionate physical risks and psychological distress. The report cites lack of adequate bathrooms as one psychosocial threat.[2] A lack of women-only restrooms left "many women with few choices: using unsanitary porta-potties that may lack locks or be inaccessible depending on the size of the jobsite; traveling off site to commercial facilities; or not using bathrooms at all during their shifts.[3]"
According to the Author
"Women in the trades already face so many barriers, bathroom access should not be one of them. AB 521 is a simple bill to ensure women on jobsites have access to the clean, private restrooms they deserve."
In addition, the bill is benefitting a marginalized community because "women – 50% of the population – are still severely underrepresented in the trades. Nationally only 4% of the building trades workforce are women. While this number is growing, numerous barriers are preventing women in the trades from reaching their full potential. By protecting bathroom access on jobsites, this bill will help women in the trades, who continue to be severely unrepresented in this field."
Arguments in Support
The State Building and Construction Trades Council of California, sponsor of the bill, states, "According to data from the Division of Apprenticeship Standards, joint labor-management Building Trades apprenticeship programs collectively graduate over 90% of women apprentices in California's state-approved apprenticeship system. A daily challenge for women in the building trades is restroom access. When women first entered the profession, restrooms were oftentimes used to exclude and bully the women on site. Now, though not as frequently used as a tool of intimidation, restrooms are still a barrier for women, who may face serious sanitary issues when using facilities.
On jobsites, women habitually share restrooms with their male coworkers who don't necessarily have the same issues with using the facilities. Consequently, women will opt out of using these shared facilities, resulting in health impacts such as infections and, in severe cases, permanent kidney damage.
AB 521 resolves these issues by requiring OSHA to submit standards and consider requiring at least one women’s restroom at jobsites that already have two or more required water closets by 2025."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee one-time costs of approximately $92,000 to Cal/OSHA and the OSHA Board to develop and review the proposed standard. Additional ongoing costs may be incurred related to implementing any adopted rule, but those costs cannot be estimated at this time.
VOTES
ASM LABOR AND EMPLOYMENT: 7-0-0
YES: Kalra, Flora, Chen, Haney, Ortega, Reyes, Ward
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Addis, Lowenthal, Papan, Pellerin, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Mathis
UPDATED
VERSION: May 15, 2023
CONSULTANT: Megan Lane / L. & E. / (916) 319-2091 FN: 0000388
State f California Department of Industrial Relations, Division of Apprenticeship Standards, 2017 Legislative Report: Apprenticeship: Keeping California's Workforce Healthy, p.4. ↑
Curtis, Hannah M, Meischke, Hendrika W., et al, "Working Safely in the Trades as Women: A Qualitative Exploration and Call for Women-Supportive Interventions," Frontiers in Public Health, 2021.
Ibid. ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 521
Author:(Bauer-Kahan)
As Amended Ver:April 17, 2023
Majority vote
SUMMARY
Requires the Division of Occupational Safety and Health (Cal/OSHA), before December 1, 2025, to submit to the Occupational Safety and Health Standards Board (standards board) a rulemaking proposal to consider revising a regulation on construction jobsite restrooms to require at least one women's designated restroom for jobsites with two or more required water closets. Additionally requires the standards board to review the proposed changes and consider adopting a revised standard on or before December 31, 2025.
Major Provisions
See summary.
COMMENTS
In 2017, women made up 2.5% of apprentices in the construction industry in California.[1] This significant underrepresentation in the workforce can lend itself to a hostile work environment. A recent report that interviewed tradeswomen in Washington State found that their work environment lead to disproportionate physical risks and psychological distress. The report cites lack of adequate bathrooms as one psychosocial threat.[2] A lack of women-only restrooms left "many women with few choices: using unsanitary porta-potties that may lack locks or be inaccessible depending on the size of the jobsite; traveling off site to commercial facilities; or not using bathrooms at all during their shifts.[3]"
According to the Author
"Women in the trades already face so many barriers, bathroom access should not be one of them. AB 521 is a simple bill to ensure women on jobsites have access to the clean, private restrooms they deserve."
In addition, the bill is benefitting a marginalized community because "women – 50% of the population – are still severely underrepresented in the trades. Nationally only 4% of the building trades workforce are women. While this number is growing, numerous barriers are preventing women in the trades from reaching their full potential. By protecting bathroom access on jobsites, this bill will help women in the trades, who continue to be severely unrepresented in this field."
Arguments in Support
The State Building and Construction Trades Council of California, sponsor of the bill, states, "According to data from the Division of Apprenticeship Standards, joint labor-management Building Trades apprenticeship programs collectively graduate over 90[%] of women apprentices in California's state-approved apprenticeship system. A daily challenge for women in the building trades is restroom access. When women first entered the profession, restrooms were oftentimes used to exclude and bully the women on site. Now, though not as frequently used as a tool of intimidation, restrooms are still a barrier for women, who may face serious sanitary issues when using facilities.
On jobsites, women habitually share restrooms with their male coworkers who don't necessarily have the same issues with using the facilities. Consequently, women will opt out of using these shared facilities, resulting in health impacts such as infections and, in severe cases, permanent kidney damage.
AB 521 resolves these issues by requiring OSHA to submit standards and consider requiring at least one women's restroom at jobsites that already have two or more required water closets by 2025."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee one-time costs of approximately $92,000 to Cal/OSHA and the OSHA Board to develop and review the proposed standard. Additional ongoing costs may be incurred related to implementing any adopted rule, but those costs cannot be estimated at this time.
VOTES
ASM LABOR AND EMPLOYMENT: 7-0-0
YES: Kalra, Flora, Chen, Haney, Ortega, Reyes, Ward
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Addis, Lowenthal, Papan, Pellerin, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Mathis
UPDATED
VERSION: April 17, 2023
CONSULTANT: Megan Lane / L. & E. / (916) 319-2091 FN: 0000341
State of California Department of Industrial Relations, Division of Apprenticeship Standards, 2017 Legislative Report: Apprenticeship: Keeping California's Workforce Healthy, p.4. ↑
Curtis, Hannah M, Meischke, Hendrika W., et al, "Working Safely in the Trades as Women: A Qualitative Exploration and Call for Women-Supportive Interventions," Frontiers in Public Health, 2021.
Ibid. ↑
Date of Hearing: May 10, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 521
Author:(Bauer-Kahan) – As Amended Ver:April 17, 2023
Policy Committee: | Labor and Employment | Vote: | 7 - 0 |
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| ||
|
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires, before December 1, 2025, the Division of Occupational Safety and Health (Cal/OSHA) to submit to the Occupational Safety and Health Standards Board (OSHA Board) a rulemaking proposal to consider revising the regulation on construction jobsite restrooms to require at least one women’s-designated restroom for jobsites with two or more required toilets.
The OSHA Board must, on or before December 31, 2025, review the proposed changes and consider adopting the revised standards.
FISCAL EFFECT:
One-time costs of approximately $92,000 to Cal/OSHA and the OSHA Board to develop and review the proposed standard. Additional ongoing costs may be incurred related to implementing any adopted rule, but those costs cannot be estimated at this time.
COMMENTS:
- Purpose. According to the author, “Women in the trades already face so many barriers, bathroom access should not be one of them. AB 521 is a simple bill to ensure women on jobsites have access to the clean, private restrooms they deserve.” This bill is sponsored by the State Building and Construction Trades Council of California and supported by Vulcan Materials Company.
- Women in the Trades. According to data from 2017, women make up 2.5% of apprentices in California’s construction industry. This significant underrepresentation in the workforce can lend itself to a hostile work environment. For example, a 2021 report interviewing tradeswomen in Washington cited lack of adequate bathrooms as a psychosocial workplace threat, leaving “women with few choices: using unsanitary porta-potties that may lack locks or be inaccessible depending on the size of the jobsite; traveling off site to commercial facilities; or not using bathrooms at all during their shifts.” Existing regulations regarding toilets and construction jobsites require a minimum of one separate toilet facility to be provided for each twenty employees, or fraction thereof, of each sex, and that a single-user toilet facility for all-gender use may count as a separate toilet facility. This bill requires Cal/OSHA to develop, and the OSHA Board to consider, a rulemaking proposal revising the regulation on construction jobsite restrooms to require at least one restroom be designated for women on jobsites required to have two or more toilets.
- Related Legislation. AB 783 (Ting) requires a city to provide written notice to each applicant for a business license of the existing requirement that a single-user toilet facility be identified as an all-gender toilet facility. AB 783 is pending hearing in the Senate Committee on Governance and Finance.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: April 26, 2023
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Ash Kalra, Chair
ABPCA Bill Id:AB 521 (
Author:Bauer-Kahan) – As Amended Ver:April 17, 2023
SUBJECT: Occupational safety and health standards: construction jobsites: restrooms
SUMMARY: Requires the Division of Occupational Safety and Health (Cal/OSHA), before December 1, 2025, to submit to the Occupational Safety and Health Standards Board (standards board) a rulemaking proposal to consider revising a regulation on construction jobsite restrooms to require at least one women’s designated restroom for jobsites with two or more required water closets. Additionally requires the standards board to review the proposed changes and consider adopting a revised standard on or before December 31, 2025.
EXISTING LAW:
- Establishes Cal/OSHA within the Department of Industrial Relations (DIR) to, among other things, propose, administer, and enforce occupational safety and health standards.
Labor Code §6300 et seq. - Requires, under the California Occupational Safety and Health Act, an employer to:
- Furnish employment and a place of employment that is safe and healthful for its employees.
- Furnish and use safety devices and safeguards, and to adopt and use practices, means, methods, operations, and processes, which are reasonably adequate to render employment and the place of employment safe and healthful.
- Do everything reasonably necessary to protect the life, safety, and health of employees. Lab. Code, § 6300 et seq.
- Establishes the standards board within DIR, to promote, adopt, and maintain reasonable and enforceable standards that will ensure a safe and healthful workplace for workers.
Labor Code, § 140 et seq.
EXISTING REGULATIONS:
- Provides that a minimum of one separate toilet facility shall be provided for each twenty employees or fraction thereof of each sex. 8 CCR §1526.
- States that a single-user toilet facility for all-gender use may count as a separate toilet facility in 1) above if certain conditions are met, including, but not limited to, that all single-user toilet facilities are designated for all-gender use. 8 CCR §1526.
FISCAL EFFECT: Unknown
COMMENTS: In 2017, women made up 2.5% of apprentices in the construction industry in California.[1] This significant underrepresentation in the workforce can lend itself to a hostile work environment. A recent report that interviewed tradeswomen in Washington State found that their work environment lead to disproportionate physical risks and psychological distress. The report cites lack of adequate bathrooms as one psychosocial threat.[2] A lack of women-only restrooms left “many women with few choices: using unsanitary porta-potties that may lack locks or be inaccessible depending on the size of the jobsite; traveling off site to commercial facilities; or not using bathrooms at all during their shifts.[3]”
According to the author, “Women in the trades already face so many barriers, bathroom access should not be one of them. AB 521 is a simple bill to ensure women on jobsites have access to the clean, private restrooms they deserve.”
In addition, the bill is benefitting a marginalized community because “women – 50% of the population – are still severely underrepresented in the trades. Nationally only 4% of the building trades workforce are women. While this number is growing, numerous barriers are preventing women in the trades from reaching their full potential. By protecting bathroom access on jobsites, this bill will help women in the trades, who continue to be severely unrepresented in this field.”
Arguments in Support
The State Building and Construction Trades Council of California, sponsor of the bill, states, “According to data from the Division of Apprenticeship Standards, joint labor-management Building Trades apprenticeship programs collectively graduate over 90 percent of women apprentices in California’s state-approved apprenticeship system. A daily challenge for women in the building trades is restroom access. When women first entered the profession, restrooms were oftentimes used to exclude and bully the women on site. Now, though not as frequently used as a tool of intimidation, restrooms are still a barrier for women, who may face serious sanitary issues when using facilities.
On jobsites, women habitually share restrooms with their male coworkers who don't necessarily have the same issues with using the facilities. Consequently, women will opt out of using these shared facilities, resulting in health impacts such as infections and, in severe cases, permanent kidney damage.
AB 521 resolves these issues by requiring OSHA to submit standards and consider requiring at least one women’s restroom at jobsites that already have two or more required water closets by 2025.”
Arguments in Opposition
None on file.
Prior Legislation
AB 1732 (Ting) Chapter 818, Statutes of 2016 requires all single-user toilet facilities in any business establishment, place of public accommodation, or government agency to be identified as all-gender toilet facilities, as specified. The bill authorizes inspectors, building officials, or other local officials responsible for code enforcement to inspect for compliance with these provisions during any inspection.
REGISTERED SUPPORT / OPPOSITION:
Support
State Building and Construction Trades Council of CA (Sponsor)
Vulcan Materials Company
Opposition
None on file.
Analysis Prepared by: Megan Lane / L. & E. /
State of California Department of Industrial Relations, Division of Apprenticeship Standards, 2017 Legislative Report: Apprenticeship: Keeping California’s Workforce Healthy, p.4. ↑
Curtis, Hannah M, Meischke, Hendrika W., et al, “Working Safely in the Trades as Women: A Qualitative Exploration and Call for Women-Supportive Interventions,” Frontiers in Public Health, 2021.
Ibid. ↑
Discussed in Hearing
50SEC
Assembly Floor
2MIN
Senate Floor
2MIN
Senate Standing Committee on Appropriations
12MIN
Senate Standing Committee on Labor, Public Employment and Retirement
1MIN
Assembly Floor
28SEC
Assembly Floor
3MIN
Assembly Standing Committee on Appropriations
5MIN
Assembly Standing Committee on Labor and Employment
Bill Author
Bill Co-Author(s):
