Do warehouses have to let truck drivers use the restroom?
Published October 11, 2026 · rule text quoted from the official sources linked below · not legal advice
Short answer: it depends on the state. We found no federal law that requires a warehouse to let a visiting truck driver use its restroom. OSHA's sanitation standard covers the employer's own employees. Two states we found go further: Washington (since July 23, 2023) and New Hampshire (since August 11, 2026) require shippers and receivers to let drivers use an existing restroom, with exceptions for safety and security.
What federal OSHA requires
OSHA's sanitation standard says toilet facilities "shall be provided in all places of employment," and "the number of facilities to be provided for each sex shall be based on the number of employees of that sex for whom the facilities are furnished" (29 CFR 1910.141(c)(1)(i)). The count is based on the employer's own workforce.
In a 1998 interpretation memo, OSHA explained that the standard "requires employers to make toilet facilities available so that employees can use them when they need to do so," and that "the employer may not impose unreasonable restrictions on employee use of the facilities." The memo is about employees. It says nothing about drivers who work for a carrier.
A federal bill would change that. The Trucker Bathroom Access Act (H.R. 2514) says a covered driver "shall be granted access to any covered restroom facility at any covered establishment" where the driver delivers or waits to be loaded, and it lists shippers, receivers, warehouses and distribution centers. It was introduced on March 31, 2025. In the official bill status record (last updated May 30, 2026, read October 7, 2026), the latest action is the same day's referral to the Subcommittee on Highways and Transit. It is not law.
State laws that do require it
| Washington | New Hampshire | |
|---|---|---|
| Law | RCW 70.54.500 (Substitute House Bill 1457, chapter 251, Laws of 2023) | RSA 155:82-a (SB 500, chapter 136, Laws of 2026) |
| In effect since | July 23, 2023 | August 11, 2026 |
| Who must allow access | A shipper or consignee that has to provide a restroom under the state's workplace safety rules | Shippers, receivers, manufacturers, warehouses, distribution centers and other businesses sending or receiving goods by truck, plus businesses open to the public |
| Which restroom | An existing restroom meant for customers or employees, during normal business hours | An existing restroom meant for customers or employees |
| When a facility can say no | Access would create an obvious health or safety risk to the driver, or an obvious security, health or safety risk to the facility or its employees | Access would create an obvious health or safety risk to the driver, or an obvious security risk to the facility |
| Escort | The facility "may require that an employee accompany" the driver | Not mentioned |
| Build new restrooms? | No physical changes required | No physical changes required |
| Enforcement | Department of Health; warning letter first, then a class 2 civil infraction (up to $125, not counting statutory assessments, under RCW 7.80.120) | The law's text sets no penalty amount |
New Hampshire exempts "a filling station, service station, or restaurant of 800 square feet or less" whose restroom is only for employees. Washington also limits a facility's civil liability when a driver is hurt in a non-public area, unless the act was willful or grossly negligent.
Both states also have a separate rule for ports. Washington's RCW 70.54.480 requires marine terminal operators to provide "a sufficient number of restrooms" for drayage drivers, and New Hampshire's RSA 155:82-b does the same and adds a place to park while using them.
These are the two state laws we found and read in full. Other states, cities or building codes may have their own rules, so check where your building is. This page is not legal advice.
A simple restroom rule for your dock
Even where no law applies, a written rule saves the gate clerk from deciding case by case. These are suggestions, not legal requirements:
- Pick the restroom. Name the one drivers may use, ideally near the driver window and away from the dock floor.
- Say whether an escort is needed. In Washington the law allows it. Write down who walks the driver there.
- Post it. Put the rule on a sign at the driver window and in the check-in instructions you send carriers.
- Brief every shift. Guards and gate clerks change. The rule only works if the night shift knows it too.
Where Vantage fits
Vantage doesn't manage restrooms. It's a gate and yard log: the clerk records each truck's gate-in and gate-out on an iPhone or in any web browser, with a timestamp on every record and a photo whenever the camera is used. The Free plan is $0 with no card, for 1 user and 1 yard. Prefer paper? Use the free gate log in our trailer check-in guide.
FAQ
Does federal law require warehouses to let truck drivers use the restroom?
We found no federal law that does. OSHA's sanitation standard (29 CFR 1910.141) requires toilet facilities for an employer's own employees. A federal bill, the Trucker Bathroom Access Act (H.R. 2514), was introduced on March 31, 2025, but its last recorded action is a referral to a House subcommittee.
Which states require shippers and receivers to give truck drivers restroom access?
Two state laws we found and read: Washington (RCW 70.54.500, in effect since July 23, 2023) and New Hampshire (RSA 155:82-a, in effect since August 11, 2026). Both cover existing restrooms and neither requires building new ones. Other states may have rules we did not find.
Can a warehouse require an escort to the restroom?
Washington's law says so directly: a shipper or consignee may require that an employee accompany the driver to the restroom. New Hampshire's law does not mention escorts. Both laws let a facility say no when access would create an obvious safety or security risk.
Related questions: what a good truck turnaround time is · cutting truck wait time at the gate · how long a trailer can legally sit in a yard
Log every truck at the gate
Gate in and out from a phone. Free plan, no card, 1 user and 1 yard.