Restroom access for truckers on Tuesday’s agenda for Washington lawmakers

January 30, 2023

Keith Goble

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A bill in the Washington Senate is intended to give truck drivers operating throughout the state assurances of restroom access. The legislature acted a year ago to address concerns 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 met recently to begin discussion on a bill to require shippers and receivers to make restrooms available for truck drivers.

One-year-old law

Gov. Jay Inslee signed a bill into law a year ago 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 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 located 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 receivers in the requirement for providing restroom access. Despite the Association’s efforts, the language was not included in the final version.

Addressing a daily dilemma

Sen. Derek Stanford, D-Bothell, is behind a bill to expand on the 1-year-old law. SB5429 would include shippers and receivers 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 receivers 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 shipper or receiver.

Two conditions are included:

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

Shippers or receivers that fail to follow the rule could face $125 fines.

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 is scheduled for a second hearing on Tuesday, Jan. 31. LL

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