Help Wanted: Eatery must pay for work done

Here is what the agency said in a 1998 memo: " . . . this standard requires employers to make toilet facilities available so that employees can use them when they need to do so. The employer may not impose unreasonable restrictions on employee use of the facilities. OSHA believes this requirement is implicit in the language of the standard and has not previously seen a need to address it more explicitly. Recently, however, OSHA has received requests for clarification of this point and has decided to issue this memorandum to explain its position clearly."

In a letter issued in 2003, OSHA provided more guidance to its employees on how to determine if a company's potty policy violates the law.

"The interpretation requires OSHA's compliance officers to evaluate employer restrictions on a case-by-case basis, giving careful consideration to such factors as the nature of the restriction, including the length of time that workers are required to delay bathroom use, and the employer's explanation for the restriction."

OSHA has tried to find a balance between employees who have to go and employers who feel that workers use facilities too often and for too long.

"The standard was not intended to be so restrictive as to prevent managers from managing abuse of work time," said Tony Ciuffo, who heads OSHA's Long Island office in Westbury, "but instead provides that reason should be applied."

The upshot is that you have to be allowed to use the restroom, and if you believe your company's policy is too restrictive, contact OSHA at 516-334-3344 or 718-279-9060.

For more on OSHA's regulations regarding employees and bathroom use go to http://1.usa.gov/Tt4eJs and http://1.usa.gov/VvaaIy