Washington Senate panel advances bill covering restroom access for truck drivers

A bill moving through the Washington Senate is touted to give truck drivers operating throughout the state assurances for restroom access. The legislature acted a year ago to address concern about access to restroom facilities at ports.

The Washington Trucking Associations, the Owner-Operator Independent Drivers Association, and the American Trucking Associations have worked together in the state to educate legislators about the need for truck drivers to have restroom access.

The Senate Labor and Commerce Committee voted unanimously on Jan. 31 to advance a bill to require shippers and consignees to make restrooms available for truck drivers.

Recent statehouse action on issue

Gov. Jay Inslee signed into law one year ago a bill to require terminal operators to provide “a sufficient number of restrooms” for use by drayage truckers in areas of the terminal that operators typically have access. Areas covered in the rule include inside the gate and truck queuing lots.

Restrooms could include fixed bathrooms or portable toilets.

Terminal operators are deemed in compliance with the rule once a policy is in place to allow drayage truckers to leave their vehicles at “reasonable times and locations” for purposes of access to restrooms.

Facilities must be in areas where access would not pose an “obvious health or safety risk” to the user.

Drayage truck operators accessing the terminal for the purpose of loading, unloading or transporting cargo are covered by the rule.

At the time, OOIDA asked legislators to add language to the bill to include shippers and consignees in the requirement for providing restroom access. Despite the Association’s efforts, the language was not included in the final version.

Daily dilemma for truck drivers

Sen. Derek Stanford, D-Bothell, introduced a bill to revisit the 1-year-old law. SB5429 includes shippers and consignees in the restroom access requirement.

OOIDA Executive Vice President Lewie Pugh says the bill covers a daily dilemma for truck drivers.

“Using a restroom is about the most basic thing that any person could ask for during their workday,” Pugh wrote in a letter to Senate Labor and Commerce Committee Chair Karen Keiser, D-Des Moines, and Ranking member Sen. Curtis King, R-Yakima. “But unbelievably, professional drivers are frequently denied restroom access when they are picking up or delivering cargo.”

During normal business hours, shippers or consignees would be required to allow restroom access to a motor carrier delivering goods to or picking up goods.

Restrooms in the bill are defined as being intended for use by customers or employees of the shippers or consignees.

Two conditions are included:

• The restroom must be in an area where providing access would not create an obvious health or safety risk to the user.
• Allowing the user to access the restroom does not pose an obvious security, health or safety risk to the shipper, consignee or its employees.

Shippers or consignees that fail to follow the rule could face $250 fines when the violation occurs after a notice of correction is received.

Pugh said SB5429 gives the state an opportunity to take the lead nationally on the issue, and encourage other states to take action.

“Enacting SB5429 would establish Washington state as a national leader on an issue that is so basic, yet so challenging.”

The bill awaits further consideration in the Senate. LL