580 CFRA interview on bathroom breaks for Canadians

Interview Summary

In Ottawa, Vancouver and Hamilton, transit operators have made the issue of washroom visits a sticking point in contract negotiations.

Chris Grover, a driver for Ottawa’s OC Transpo, penned an open letter to the Ottawa Citizen newspaper that drivers for the capital’s transit service barely have time for a washroom visit between runs. He described, as an example, a ten-hour shift during which he only had time for a 5 minute break.

Bathroom breaks are also a key aspect of an employee’s job in the trucking, food production, and part assembly industries as well, to name a few.

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• Bathroom breaks in Ontario

Alex Lucifero is an Ottawa employment lawyer and associate at Samfiru Tumarkin LLP. He joined the Bill Carroll show on Newstalk 580 CFRA to talk about bathroom breaks and rights for OC Transpo drivers and Canadian workers.

Interview Notes

• Right to take bathroom breaks at work: “Employees in Canada are entitled to take bathroom breaks. Full stop,” says Alex Lucifero, an employment lawyer in Ottawa and partner at Samfiru Tumarkin LLP. “Employees and employers need to know that a worker is well within their rights to use a washroom when nature calls.””In safety-sensitive positions, or positions with longer hours – think bus drivers, truck drivers or oil patch workers – employers and employees need to work together to develop acceptable protocol that addresses bathroom breaks.”Lucifero is adamant that whether you work in a unionized environment, like OC Transpo drivers, or a non-unionized workplace, an employee’s right to use a bathroom must be maintained.
• Canada Labour Code: Under the CLC, all workers have the right to take an unpaid 30-minute break after five continuous hours of work. This rule, however, is designed to specifically address meals rather than bathroom breaks. An employer reserves the right to cancel breaks, but only if the employee is paid to work during that 30-minute block of time. Bathroom breaks themselves aren’t directly addressed by employment and labour laws in individual provinces. Instead, it is left up to workplaces to govern in a reasonable manner.
• Accommodations for Medical Conditions or Disability: An employee should present their employer with a doctor’s note to enforce their rights to bathroom breaks above and beyond what is normally acceptable. Employers must accommodate the employee’s request, or face a human rights violation.

If you are an employee whose rights to bathroom breaks are being impacted, or an employer trying to navigate washroom use and accommodation, contact Samfiru Tumarkin LLP for clear and concise advice on your situation.