Federal Public Restroom Requirements Initiative

American Restroom Association’s Federal Public Restroom Requirements Initiative (FPRRI)

The lack of publicly available restrooms in the United States is a problem that can be traced to policy gaps at the federal level. Both the United States Department of Labor (DOL) and the United States Department of Health and Human Services (HHS) have mandates to rectify this problem. The former has acted but the later has not. The DOL regulates workplace restrooms throughout the individual states through the Occupational Safety and Health Administration (OSHA). OSHA provides the necessary regulations to ensure that employees “will not suffer the adverse health effects that can result if toilets are not available” when needed. HHS is the government’s principal agency for protecting the health of all Americans. HHS, however, has failed to recognize the threat to public health if restroom facilities are not available and has remained silent on the issue. Consequently, as soon as Americans leave their places of employment, they lose their federally-protected restroom privileges.

Recognizing that the mandate of HHS is to protect the health of all Americans, the American Restroom Association (ARA) has launched the Federal Public Restroom Requirements Initiative (FPRRI).

We are calling on Americans to act through their representatives in Congress to ensure that HHS spells out the public health requirements related to toilet facilities. This effort will not require new legislation, only that an existing mandate be met. Federal regulation to protect the health of all Americans and ensure that toilets are available in public places is needed. There exists a regulatory gap and a remedy which requires no new legislation. Here’s a summary of the facts.

• This lack of federal recognition makes it easy for schools to prevent students from using the lavatories; for municipalities to close public restrooms; for transit systems to put their amenities off limits to passengers; and for airlines to deny passengers the use of toilets throughout certain flights.
• Currently there appear to be no HHS regulations or guidance-based recognition that lack of access to restrooms is a serious health issue. Since HHS has the mandate to protect the health of all Americans, the ARA wants HHS to address this issue at least the degree it has been addressed by OHSA.

For a thorough discussion of the issues see the American Restroom Association study entitled “US Public Health Mandates and the Restroom Problem in America: A Call To Action”  and its accompanying presentation. This presentation updates our original policy paper, which references numerous case studies where the basic human right to use a toilet has been denied. It also looks at recent advocacy efforts of two Oregon groups – the Restroom Laws Movement and Public Hygiene Lets Us Stay Human (PHLUSH) – to rally the support of their state’s US Senators and Members of Congress.

Take action: Write your US Senators and Congressional Representatives!

Find the names of your Member of Congress here; and US Senators here.  For information on writing an effective letter that gets action, see these tips. We recommend a short three paragraph letter.

• In the first paragraph, introduce yourself and say you are writing in support of the American Restroom Association’s Federal Public Restroom Requirements Initiative. Personalize your letter with an additional sentence explaining why this issue is important to you.
• In the second paragraph, state the facts. Use this sample language if you wish:

America’s lack of publicly available restrooms is a problem that can be traced to policy gaps at the national level. Two federal departments are mandated to set policy on restrooms and health. One has acted but the other has not. The U.S. Department of Labor regulates workplace restrooms through the U.S. Occupational Safety and Health Administration. OSHA regulations ensure that employees “will not suffer the adverse health effects that can result if toilets are not available” when needed. Ordinary citizens deserve the same protection. ‘Protecting the health of all Americans’ is the mandate of the U.S. Department of Health and Human Services. However, it has not acted to address the adverse health effects of restroom non-availability.

• In your third paragraph, request action: I am calling on you to contact the Secretary of the Department of Health and Human Services to request the spelling-out of public health requirements related to toilets. No new legislation is needed, only compliance with existing mandates.

Thank you for your support in this effort to solve a longstanding problem for all Americans.