Restroom access for drivers

(a) In general Subchapter I of chapter 141 of title 49, United States Code, is amended by adding at the end the following: 14105. Restroom access for drivers (a) In general A covered driver shall be granted access to any covered restroom facility at any covered establishment to which such employee delivers any goods or cargo or is waiting to be loaded to transport goods or cargo. (b) Rule of construction Nothing in this section shall be construed to require a covered establishment to make any physical changes to a restroom to be in compliance with this section. (c) Definitions In this section: (1) Covered driver The term covered driver means any commercial motor vehicle operator with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502. (2) Covered restroom facility The term covered restroom facility means a restroom located on the premises of a covered establishment that is intended for use by customers or employees of the establishment and that is— (A) located in an area where providing access would not create an obvious health or safety risk to a covered driver; and (B) located in an area where providing access would not pose an obvious security risk to the covered establishment. (3) Covered establishment The term covered establishment — (A) means a place of business open to the general public for the sale of goods or services; (B) a shipper, receiver, manufacturer, warehouse, distribution center, or any other business entity that is receiving or sending goods by commercial motor vehicle; and (C) does not include any structure such as a filling station, service station, or restaurant of 800 square feet or less that has a restroom located within such structure that is only intended for use by employees.. (b) Clerical amendment The analysis for chapter 141 of title 49, United States Code, is amended by inserting after the item relating to section 14104 the following new item: 14105. Restroom access for drivers..