Today's Law As Amended


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AB-521 Occupational safety and health standards: construction jobsites: toilet facilities.(2023-2024)



As Amends the Law Today


SECTION 1.
 (a) The Legislature finds and declares all of the following:
(1) Women and nonbinary individuals are underrepresented in the trades and also face numerous barriers on construction jobsites.
(2) One of these many barriers is access to a clean and secure restroom.
(3) Shared restrooms often pose sanitary as well as safety concerns for women and nonbinary individuals on construction jobsites.
(b) In order to ensure the safety and security of women and nonbinary individuals on construction jobsites, the Legislature further finds and declares that it is necessary to take action to ensure that women and nonbinary individuals have access to at least one separate designated toilet facility at construction jobsites when other toilet facilities are also available for others at the construction jobsite.

SEC. 2.

 Section 118600 of the Health and Safety Code is amended to read:

118600.
 (a) All single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency shall be identified as all-gender toilet facilities by signage that complies with Title 24 of the California Code of Regulations, and designated for use by no more than one occupant at a time or for family or assisted use.
(b) During any inspection of a business or a place of public accommodation by an inspector, building official, or other local official responsible for code enforcement, the inspector or official may inspect for compliance with this section.
(c) For the purposes of this section, “single-user toilet facility” means a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.
(d) This section shall become operative on March 1, 2017.
(e) This section does not apply to construction jobsites, as described in subdivision (a) of Section 6722 of the Labor Code.

SEC. 3.

 Section 6722 is added to the Labor Code, to read:

6722.
 (a) (1) The standards board, before December 1, 2025, shall draft a rulemaking proposal to consider revising Section 1526 of Title 8 of the California Code of Regulations to require at least one single-user toilet facility on all construction jobsites, designed for employees who self-identify as female or nonbinary.
(2) The standards board shall consider adopting revised standards for the standards described in paragraph (1) on or before December 31, 2025.
(b) A construction jobsite described in paragraph (1) of subdivision (a) shall not be subject to the requirements set forth in Section 118600 of the Health and Safety Code.