Restroom access for drayage truck operators

(a) In general A terminal operator shall provide a sufficient number of covered restrooms for use by covered drayage truck operators in areas of the terminal that such operators typically have access to. (b) Requirements To be in compliance with subsection (a), a terminal operator shall provide— (1) access to existing restrooms while covered drayage truck operators are on port property and when such access does not pose an obvious safety risk to such truck operators and other employees of the terminal operator in the area; (2) additional restrooms, if necessary, at locations where there is the most need; and (3) a place for covered drayage truck operators to park vehicles while accessing such restrooms. (c) Definitions In this section: (1) Covered drayage truck operator The term covered drayage truck operator means the driver of any in-use on-road vehicle with a gross vehicle weight rating of greater than 33,000 pounds operating on or transgressing through port or intermodal rail yard property for the purpose of loading, unloading, or transporting cargo, including containerized, bulk, or break-bulk goods. (2) Terminal operator The term terminal operator — (A) means the business entity operating a marine terminal for loading and unloading cargo to and from marine vessels; and (B) includes the port authority if the port is directly operating the marine terminal in loading and unloading cargo to and from marine vessels. (3) Covered restroom The term covered restroom means a restroom or portable chemical toilet that is located in an area that does not pose an obvious health or safety risk to a covered drayage truck operator.