A sudden loss of water supply in the workplace quickly becomes a serious health and safety concern. The ability to drink, use restrooms, and maintain basic hygiene is fundamental to a safe working environment. An interruption in water service may violate mandated workplace safety regulations. Understanding your rights and the employer’s legal duties is the first step to determine if you can legally leave the premises.
Legal Requirements for Water and Sanitation in the Workplace
Workplace sanitation standards require employers to provide a sufficient water supply for all personnel. This obligation includes both potable (drinking) water and non-potable water used for washing and sanitation. Potable water must meet quality standards set by the Environmental Protection Agency or local authorities and must be available in all places of employment for drinking, cooking, and personal washing.
Employers must also ensure employees have access to functional toilet facilities, which require running water to remain sanitary. These facilities must be provided in sufficient numbers for the workforce and maintained in a clean condition. Washing facilities must also be available, equipped with running water, hand soap, and a means to dry hands. A loss of running water fundamentally compromises the function of both toilet and washing facilities, creating an unsanitary condition.
Employer Obligations When Water Service is Interrupted
If water service is interrupted, the employer has an immediate duty to mitigate the hazard and restore compliance with sanitation standards. This requires providing alternatives so employees can meet basic needs until service is restored. The employer must provide bottled water or other safe alternatives for drinking purposes.
When the interruption affects permanent restrooms, the employer must supply temporary facilities that meet sanitation requirements. This often involves bringing in portable toilets, which must be serviced and maintained. The employer is expected to communicate the expected duration of the outage to employees. Providing these alternatives promptly helps avoid regulatory violations and prevents the lack of water from escalating into a health threat.
Employee Right to Refuse Unsafe Work
The decision to leave work due to a lack of water hinges on the legal concept of refusing to work under conditions of “imminent danger.” Federal regulations recognize a limited right for employees to refuse a task or leave the premises if they reasonably believe it would expose them to serious physical harm. The inability to use sanitary restrooms or access drinking water for an extended period can meet this threshold, especially in hot environments or if sanitation creates an immediate disease risk.
To legally protect yourself when refusing to work, you must first ask the employer to correct the hazardous condition, such as providing portable toilets and bottled water. Inform the employer that you will not perform the work until the hazard is corrected. The refusal must be made in good faith, meaning you genuinely believe a serious danger exists and a reasonable person would agree with that assessment.
If the employer fails to correct the hazard and there is insufficient time to seek an inspection, you may have the right to leave without fear of retaliation. You should generally remain at the worksite until ordered to leave by your employer. If the employer takes discriminatory action, such as firing or demoting you, for this protected refusal, you are shielded under federal whistleblower protections.
Documenting and Reporting Violations to Authorities
Creating a thorough record of the conditions is important if you choose to take formal action. Document the specific conditions, such as the exact time the water service failed and the employer’s lack of remedial action. Taking photographs or videos of unusable facilities and noting witnesses who can corroborate your account will strengthen your complaint.
Contacting the Employer in Writing
Before leaving or filing a formal complaint, contact management in writing, such as via email or text message, to report the lack of water and request an immediate remedy. This written communication establishes a paper trail showing you brought the hazard to the employer’s attention and gave them an opportunity to correct the situation. The request should explicitly state that the conditions pose a health hazard.
Filing an Official Complaint with OSHA
If the employer fails to address the lack of water, you can file a formal complaint with the Occupational Safety and Health Administration (OSHA). This can be done by phone, online, or by visiting a local area office. If you believe you were fired or discriminated against for exercising your safety rights, you must file a whistleblower retaliation complaint under Section 11(c) of the OSH Act within 30 days.