Availability of Restrooms in the United States and Federal Public Health Mandates: A Call to Action

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Availability of Restrooms in the United States
and Federal Public Health Mandates A Call
to Action

• Robert Brubaker and Carol McCreary
• American Restroom Association

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US Public Health Mandates and the Restroom
Problem in AmericaA Call To Action
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The Problem

• The United States has a restroom problem. Not
  enough toilets are available to the public.
• Problem results from policy gaps at the national
  level.
• The American Restroom Association is working to
  fix this problem.

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Elements of Americas Restroom Problem
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Elements

• Local governments across the US have been closing
  restrooms or limiting hours they are open.
• Government-supported schools are preventing
  students from using toilets.
• Transit systems have put their amenities off
  limits to passengers.
• ? Airlines sometimes deny passengers use of
  toilets throughout flights.

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Local governments are closing restrooms.
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• Closings continue despite changing demographics
  and growing demand
• Limited hours. Winter closings.
• ? Reasons cited
• Maintenance costs
• Threats of terrorism
• Crime vandalism, drug sales use, commercial
  sex, and
• inappropriate behavior

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Government-supported schools are preventing
students from using restrooms.
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• Graffiti , vandalism, threats, school violence
  elsewhere, emergency lock down drills, etc cause
  closures.
• Students need escorts, passes, or logs.
• Academic credit sometimes given for NOT using the
  restroom.
• Toilet use and handwashing depend on good
  behavior, not health policy.
• Denial of use is punishment.

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Transit systems put restrooms off limits.
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• In 1940 New York subway had 1,676 toilets.
• Today less than 100 for 4 million riders.
• Why these closings?
• Rising costs
• Budget shortfalls
• Construction blocks access
• Post-Sept 11 fears
• Transit employees have restrooms transit
  customers do not.
• Impractical to open at passenger
• request

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Airlines can deny passengers use of toilets
throughout flights.
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• No federal regulation on passenger-to-toilet
  ratio.
• Legal to fly most commercial planes without a
  working restroom.
• Some regularly scheduled flights have a single
  toilet that can be closed if non-functional,
  soiled, or the light is out.
• Pilots decide whether to divert
• plane or continue flight.

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When people cant find away-from-home restrooms,
it hurts society.

• No hand washing ? contamination and disease ?
  risk of MRSA, SARS, Hepatitis B and C and E-coli
  infections.
• People go in the wrong places.
• Doorways and alleys are dirty and smelly.
• Livability is compromised.
• Maintenance costs rise.
• A natural human right is denied.
• Criminalization of urination and defecation.

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And a lack of restrooms hurts individuals.

• Stress and humiliation.
• Involuntary retention ? physical and mental
  problems.
• Individuals cant exercise out of doors ?
  physical fitness suffers.
• ? Individuals cant join their families for
  activities in public places.
• No hand washing ? contamination risk.

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What is to be done?

• Recognize toilet use and hand washing as public
  health issues.
• Work at the federal policy level.

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• Our Mission We advocate for the availability
  of clean, safe, well-designed public
  restrooms.
• Non-profit, tax-exempt, all-volunteer
  organization concerned with
• Restroom availability and accessibility
• Restroom design and technology
• Pertinent legislation, regulations and codes
• Documenting problems faced by citizens when they
  cannot find toilet facilities away from home.

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Branches of the U.S. Federal Government

• Legislative U.S. Congress makes laws and
  funds federal departments.
• Executive Departments - under the President
  - have mandates to establish practical
  regulations that make laws work.
• Judicial Courts enforce laws and regulations.

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Two key Executive Branch Departments have
mandates to act

• U.S. Department of Labor
• has acted.
• U.S. Department of Health and Human Services
• has NOT acted.
• Now we are asking for ACTION!

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U.S. Department of Labor

• Regulates workplace restrooms through the U.S.
  Occupational Safety and Health Administration, or
  OSHA.
• OSHA regulations ensure that employees will not
  suffer the adverse health effects that can result
  if toilets are not available.
• BUT only has authority in the workplace.
• Employees have protection
• ordinary citizens do not.

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U.S. Department of Health and Human Services

• Mandate is protecting the health of all
  Americans.
• Has authority to address the adverse health
  effects that can result if toilets and wash
  basins are not available.
• Has failed to recognize the threat to public
  health if restroom facilities are not available.

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The Department of Labor - through OSHA -
protects employees with excellent health policy.

• OSHA established 29 CFR 1910.141(c)(1)(i) Toilet
  Facilities
• "...which requires employers to provide their
  employees with toilet facilities so that they
  will not suffer the adverse health effects that
  can result if toilets are not available..."
• Now the U. S. Department of Health and Human
  Services needs to protect the public.

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The Department of Labor - through OSHA -
protects EMPLOYEES with excellent health policy
on toilets. 29 CFR 1910.141(c)(1)(i) Toilet
Facilities "...which requires employers to
provide their employees with toilet facilities so
that they will not suffer the adverse health
effects that can result if toilets are not
available... Now the U. S. Department of Health
and Human Services needs to protect ALL
PEOPLE.
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Our Call to Action

• The American Restroom Association calls for
  action to protect the health of ALL.
• Congress should demand that the U.S. Department
  of Health and Human Services spell out the public
  health requirements related to restrooms.
• Citizens should contact their Senators and
  Representatives.
• No new legislation is needed, only compliance
  with existing mandates.

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• We call on the government to guarantee to all
  Americans
• and to our visitors from other countries -
• the restroom rights that employees enjoy under
  OSHA.
• We welcome your input on making our Call to
  Action a success.
• Please contact us.
• robert.brubaker_at_americanrestroom.org
• carol.mccreary_at_americanrestroom.org

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Thank you for your attention.