Ensuring compliance with employee rights to use toilet facilities at covered establishments

(a) In general During any inspection of a covered establishment conducted pursuant to section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657), the Secretary shall verify that the employer of employees working at such establishment is in compliance with the occupational safety and health standard set forth in section 1910.141 of title 29, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act, for employers to provide prompt access for employees to visit and use toilet facilities, including such standard as interpreted by the memorandum for regional administrators and State designees regarding Interpretation of 29 CFR. 1910.141(c)(1)(i): Toilet Facilities issued by the Occupational Safety and Health Administration on April 6, 1998, and any successor regulation. (b) Requirements In carrying out subsection (a), the Secretary shall verify that the employer described in such subsection— (1) allows employees to leave their work locations to use a toilet facility when needed and without punishment; (2) provides an adequate number of toilet facilities for the size of the workforce to prevent long lines; (3) avoids imposing unreasonable restrictions including waiting lists on the use of toilet facilities; (4) ensures that restrictions, such as locking doors or requiring employees to sign out a key, do not cause extended delays in access to toilet facilities; and (5) compensates each employee for breaks for using toilet facilities at the regular rate of pay of the employee in accordance with section 785.18 of title 29, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act, and any other applicable Federal, State, or local law.