OSHA or Labor laws regarding bathroom breaks.

Discussion in 'UPS Union Issues' started by mzungu, Jun 3, 2010.

  1. mzungu

    mzungu New Member

    It has come to this that we are now being told if nature calls, you need to punch a button and do it on your time. Does anyone know if there are any labor laws regarding clarification on this. I have a call into OSHA, their website defers to states and the NLRB, they do have some language regarding this but it seems to be on a case to case basis. I am guessing since we are under a national contract, if it is labor law it would be the NLRB and not a state issue. Can anyone shine some light on this or is this happening elsewhere?
  2. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    It sounds like some of your co-workers may have been abusing the priviliege and bathroom breaks have become the flavor of the month in your building. Play their game for now until they shift their attention to another "urgent" issue.

    UPSSOCKS Well-Known Member

    I surprised you guys don't wear diapers.... I mean you act like babies, it's nice to hear that you are being treated like babies....
  4. hypocrisy

    hypocrisy Banned

    Technically, they could direct you to take your first break that you take in the first half of your day when you take your first bathroom break (read your local language regarding rest breaks). If you have to go again between then and lunch, they cannot rightfully discipline you. Same scenario for the second break.

    Of course, when they get technical like that, it's amazing how bad you have to go at 10:16 with 5 air stops left.
  5. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    This would be great advice if the OP was a driver. He works in the hub.

    So, if you have late air, what do you put for the reason? I don't recall "I had to pee" as one of the choices.
  6. grgrcr88

    grgrcr88 No It's not green grocer!

    Just pee on the floor, then refuse to work there as it is now a biohazard and needs a haz-mat responder to clean it up. Don't forget, "don't touch, leave area, notify supervisor"!!!
  7. iowa boy

    iowa boy Well-Known Member

    You might want to ask what happens if you slip and fall or trip over something on your way to or from the bathroom, or if the floor is wet in the bathroom and you slip and twist your ankle, who is liable since you are not punched in but on company property? Seem to me this would be grounds for a lawsuit if you were injured on company property and you weren't covered by workmens comp. at that time.
  8. JonFrum

    JonFrum Member

    Why are you often so quick to assume the empoyees are at fault even when no mention is made in the original post???

    Did you really hear multiple tinkling sounds??? :happy-very:
  9. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Could it be the first sentence is this thread?

    It has come to this that we are now being told if nature calls, you need to punch a button and do it on your time.

    When I read that my first thought was that employees there may have been abusing the privilege hence the need for the revised policy.
  10. browncub

    browncub New Member

    Yes, you have the right to go to the bathroom when you need to use it, not just on lunches or breaks.
    This right is protected under OSHA regulation 9CFR Toilet facilities.1910.141(c)(1).
    The second part of the rule protects drivers and other workers who don’t work at a central facility. It says drivers must have “have transportation immediately available to nearby toilet facilities.” Note the word “immediate”—OSHA says that when you gotta go, you get to go.
    If you have to go off your route, let management know that there are no adequate restroom facilities where you are and that you are traveling off your route to use the restroom. Document when you called, where you were, and any response from management.
    When you send your DIAD message, make sure you are informing them that you’re going to the bathroom—you should not ask for permission.
  11. hurricanegunner

    hurricanegunner UPSPoop

  12. tieguy

    tieguy Banned

    osha and the nlrb will protect your right to go the bathroom when you need to but will not dictate your right to sit on the crapper and be paid for it. If they did then you could theoretically get paid to sit on the toilet for 8 hours each day.

    I see this happen from time to time when bathroom breaks are abused. Police your own. You know who they are.
  13. klein

    klein Für Meno :)

    Gee, just use the pee bottles in the trucks you load up.
    Or bring your own, like male drivers do.
    Slighty close the doors, and your done !

    Problem solved.
  14. fxdwg

    fxdwg Member

    You ask for it!!
  15. browned out

    browned out Active Member

    If they start playing games like this; start filing on drivers working off the clock before their start times and not taking lunch between 3rd and 6th hour or whatever you local contract states. The ones who are abusing the bathroom breaks are less than 1% of our workforce and no one; driver or sup, will be sorry to see them go..... I mean leave
  16. tourists24

    tourists24 Well-Known Member

    OR... simply tell your sup that you have to go to the bathroom and then go. If you are told to punch out, then do so....
  17. mzungu

    mzungu New Member

    Thanks, I will look up the reg. I saw some other info on OSHA's site, under sanitation. I will post what ever response I get from OSHA and if I get any info from the NLRB also. This is not employees abusing the situation, it is reflected in the management posts on this issue that is pervasive in this company now. Hourlies are overpaid thieves. Somehow the only reason the company exists is thanks to our efficient management. the reality is the company belongs to all of us, not the chosen few and it's success used to be done through a cooperative effort even if you had disagreements from time to time.

  18. 22.34life

    22.34life Active Member

    Just pee on yourself ,then freak out and go home,call a lawyer and sue for emotional distress.
  19. over9five

    over9five Moderator Staff Member

    Exactly. Fix what (who's) broken.
  20. tieguy

    tieguy Banned

    I dont disagree with that under normal circumstances. Its probably so prevelenat that they are sending a message. It was supposed to get their attention and judging by the ops rants about calling osha and the nlrb it looks like it had the desired affect.

    I think its kind of funny reading through the thread. Posters here actually think they have some god ordained right to be paid to sit on the toilet.