OSHA has created a new alliance with the National Center for Transgender Equality. On June 1, 2015, OSHA published a Guide to Restroom Access for Transgender workers, accessible here, stating in essence that all employees, including transgender employees, should have access to restrooms that correspond to their gender identity. This means that transgender employees who identify as male or female may use restrooms per how they identify and cannot be prohibited from using a restroom designated for a certain gender.
OSHA explained that as part of its jurisdiction it may ensure that employees have access to restrooms, which affects the sanitation and health of employees. Restricted or limited access to restrooms can result in a number of serious health conditions and, thus, transgender employees’ access must not be limited. As a best practice, OSHA recommends having a gender-neutral facility, which can be single-occupancy or multiple-occupancy with several stalls.
OSHA does not mandate how employers must comply (i.e., by installing or renovating restrooms), but rather states that all employers need to find solutions that allow access to restrooms for transgender employees. OSHA also notes that a number of “localized regulations” already require employers to allow transgender employees to use restrooms consistent with their gender identity.