On March 30, 2017, the Division of Occupational Safety and Health (DOSH or Cal/OSHA), updated its Frequently Asked Question about single-user toilet facilities, making clear that portable chemical toilets are not covered by AB 1732.

The new guidance provides:

“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 [Health and Safety Code] section 118600 [AB 1732] and must still be provided separately for males and females.”

The law defined “single-user toilet facility” as one “with no more than one water closet and one urinal with a locking mechanism controlled by the user.” Therefore, according to DOSH, only plumbed single-user toilets are to be identified as available to all genders. The existing Ag field sanitation rules set out in 8 C.C.R. section 3457 remain, which requires separate toilet facilities for each sex for each twenty (20) employees or fraction thereof.

The FAQ comes as a welcome reversal from an earlier contrary position taken by DOSH leadership. For questions, contact Jason Resnick at (949) 885-2253.