Break room

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A break room in an American office 2015-04-28 19 09 17 Employee break room at the National Weather Service Weather Forecast Office in Elko, Nevada (NWS WFO LKN).jpg
A break room in an American office

A break room is a room in a workplace where employees can go during meals and other breaks. [1]

Contents

About

Since the 2010s, many workplaces have sought to enhance their employee break rooms by installing micromarkets inside them. Micromarkets provide expanded food options compared to traditional vending machines. [2] During the COVID-19 pandemic, some workplaces began to install self-service kiosks, touch-free coffee machines, and other forms of upgraded technology in their employee break rooms to reduce the transmission of COVID and other diseases. [3]

Many workplaces display employment-related posters and announcements in their break rooms. [4]

The placement of surveillance cameras in workplace break rooms has been controversial. In 2017, a camera was removed from the employee break room of a town hall in Michigan following backlash from workers. [5] In 2001, custodians at a high school in Ohio sued after discovering that a hidden camera had been installed in the break room to monitor them. The workers in Brannen v. Board of Education claimed a violation of their Fourth Amendment rights, but the court ruled that the workers had no reasonable expectation of privacy given that a break room is a public space. [6]

Break room laws and regulations

Australia

Queensland's Workplace Health and Safety Act 1995 required that "A workplace must have a lunch room in or adjacent to the workplace." The law stated that the lunch room must be separate from areas where work is performed and must not be used for any purpose other than lunches and other breaks. [7]

Canada

Prince Edward Island's Occupational Safety and Health Act requires workplaces to have a "Lunch and rest room" that is separate from toilet areas and is equipped with suitable seating and tables. [8]

Nova Scotia's Occupational Health and Safety Act requires workplaces to "provide an enclosed eating area separate from the work area" only when "the possibility of contamination of food from a hazardous substance exists in a work area". [9]

France

In France, workplaces with fewer than 50 workers "must provide employees with a place where they can eat in good health and safety." Companies with more than 50 employees must provide workers with a catering room equipped with seating, a table, drinking water, refrigeration, and food heating appliances. [10]

Germany

German law mandates that all workplaces with more than 10 employees must have a break room. Workplaces with fewer than 10 employees must also have break rooms if necessitated for safety or health reasons. The law stipulates that break rooms must have adequate tables and seating. [11] [12]

New Zealand

According to WorkSafe New Zealand, "Workers should have somewhere they can prepare and eat food during breaks", "This area should be kept clean", and "Workers should have a sheltered place to sit during break times." Temperature-controlled break rooms are also required when necessary. [13]

Norway

Norwegian law does not require workplaces to have break rooms, but if a workplace lacks a "satisfactory break room", the worker must be paid for their break. [14]

United States

As federal law does not require work breaks, there is no federal requirement for workplaces to have break rooms. [15] [16] The United States Access Board requires workplaces that do have break rooms to make them accessible to people with disabilities. [17]

The Occupational Safety and Health Administration (OSHA) lists break rooms as an example of a "common area". Common areas are defined as "indoor or outdoor locations under the control of the employer that more than one person may use or where people congregate ...". [18] OSHA does not require workplaces to have a break room. [19]

Workplaces are not required to have break rooms in Connecticut [20] and North Carolina. [21]

California Industrial Welfare Commission requires workplaces to have "suitable resting facilities" that are to be located "separate from toilet rooms". [22]

Illinois law requires break rooms only for hotel workers, stating that "Every employer of hotel room attendants shall make available at all times a room on the employer's premises with adequate seating and tables for the purpose of allowing hotel room attendants to enjoy break periods in a clean and comfortable environment. The room shall have clean drinking water provided without charge." [23]

Washington state only requires break rooms at workplaces where workers could be exposed to toxic substances. The law states that "If the workplace exposes employees to injurious dusts or other toxic materials, the employer must provide a separate lunchroom unless it is convenient for employees to lunch away from the premises." [24]

The Texas Department of Licensing and Regulation has stated that where employee break rooms exist, they must be designed in accordance with Texas Accessibility Standards. [25]

See also

Related Research Articles

The Occupational Safety and Health Administration is a regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. The United States Congress established the agency under the Occupational Safety and Health Act, which President Richard M. Nixon signed into law on December 29, 1970. OSHA's mission is to "assure safe and healthy working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance." The agency is also charged with enforcing a variety of whistleblower statutes and regulations. OSHA's workplace safety inspections have been shown to reduce injury rates and injury costs without adverse effects on employment, sales, credit ratings, or firm survival.

<span class="mw-page-title-main">Workers' compensation</span> Form of insurance

Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain.” One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that and thus to ensure security of compensation to the workers.

<span class="mw-page-title-main">Occupational Safety and Health Act (United States)</span> United States labor law

The Occupational Safety and Health Act of 1970 is a US labor law governing the federal law of occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970. Its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. The Act created the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH).

<span class="mw-page-title-main">Lockout–tagout</span> Safe isolation of dangerous equipment during maintenance or testing

Lock out, tag out or lockout–tagout (LOTO) is a safety procedure used to ensure that dangerous equipment is properly shut off and not able to be started up again prior to the completion of maintenance or repair work. It requires that hazardous energy sources be "isolated and rendered inoperative" before work is started on the equipment in question. The isolated power sources are then locked and a tag is placed on the lock identifying the worker and reason the LOTO is placed on it. The worker then holds the key for the lock, ensuring that only they can remove the lock and start the equipment. This prevents accidental startup of equipment while it is in a hazardous state or while a worker is in direct contact with it.

<span class="mw-page-title-main">Potty parity</span> Equitable provision of public toilets or men and women

Potty parity is equal or equitable provision of public toilet facilities for females and males within a public space.

Right to know is a human right enshrined in law in several countries. UNESCO defines it as the right for people to "participate in an informed way in decisions that affect them, while also holding governments and others accountable". It pursues universal access to information as essential foundation of inclusive knowledge societies. It is often defined in the context of the right for people to know about their potential exposure to environmental conditions or substances that may cause illness or injury, but it can also refer more generally to freedom of information or informed consent.

<span class="mw-page-title-main">Health Hazard Evaluation Program</span>

The Health Hazard Evaluation (HHE) program is a workplace health program administered by the National Institute for Occupational Safety and Health (NIOSH) by which employees, employers, and labor unions can request assistance from the HHE program at no cost to them.

<span class="mw-page-title-main">Break (work)</span> Period of time

A break at work is a period of time during a shift in which an employee is allowed to take time off from their job. It is a type of downtime. There are different types of breaks, and depending on the length and the employer's policies, the break may or may not be paid.

Workplace health surveillance or occupational health surveillance (U.S.) is the ongoing systematic collection, analysis, and dissemination of exposure and health data on groups of workers. The Joint ILO/WHO Committee on Occupational Health at its 12th Session in 1995 defined an occupational health surveillance system as "a system which includes a functional capacity for data collection, analysis and dissemination linked to occupational health programmes".

The WorkCover Authority of New South Wales was a New South Wales Government agency established in 1989. The agency created regulations to promote productive, healthy and safe workplaces for workers and employers in New South Wales. The agency formed part of the Safety, Return to Work and Support Division established pursuant to the Safety, Return to Work and Support Board Act, 2012 (NSW).

An occupational fatality is a death that occurs while a person is at work or performing work related tasks. Occupational fatalities are also commonly called "occupational deaths" or "work-related deaths/fatalities" and can occur in any industry or occupation.

<span class="mw-page-title-main">Occupational Health and Safety Act 2000</span> Repealed statute of New South Wales, Australia

The Occupational Health and Safety Act 2000 is a repealed statute of New South Wales (NSW). The Act was repealed by the Work Health and Safety Act 2011.

<span class="mw-page-title-main">Occupational safety and health</span> Field concerned with the safety, health and welfare of people at work

Occupational safety and health (OSH) or occupational health and safety (OHS) is a multidisciplinary field concerned with the safety, health, and welfare of people at work. OSH is related to the fields of occupational medicine and occupational hygiene and aligns with workplace health promotion initiatives. OSH also protects all the general public who may be affected by the occupational environment.

The Occupational Health and Safety (OHS) Regulation of British Columbia is the primary source of law governing workplace health and safety, which was most recently amended in 2016. It sets the standard to which workplaces must attain when inspected by WorkSafeBC, unless they are exempt from inspection, e.g. mines.

Occupational heat stress is the net load to which a worker is exposed from the combined contributions of metabolic heat, environmental factors, and clothing worn, which results in an increase in heat storage in the body. Heat stress can result in heat-related illnesses, such as heat stroke, hyperthermia, heat exhaustion, heat cramps, heat rashes, and chronic kidney disease (CKD). Although heat exhaustion is less severe, heat stroke is a medical emergency and requires emergency treatment, which if not provided, can lead to death.

Workers' right to access the toilet refers to the rights of employees to take a break when they need to use the toilet. The right to access a toilet is a basic human need. Unless both the employee and employer agree to compensate the employee on rest breaks an employer cannot take away the worker's right to access a toilet facility while working. There is limited information on the rights workers have to access public toilets among the world's legal systems. The law is not clear in New Zealand, United Kingdom, or the United States of America as to the amount of time a worker is entitled to use a toilet while working. Nor is there clarification on what constitutes a 'reasonable' amount of access to a toilet. Consequently, the lack of access to toilet facilities has become a health issue for many workers. Issues around workplace allowance to use a toilet has given light on issues such as workers having to ask permission to use a toilet and some workers having their pay deducted for the mere human right of using a toilet when they need to.

<span class="mw-page-title-main">Workplace hazard controls for COVID-19</span> Prevention measures for COVID-19

Hazard controls for COVID-19 in workplaces are the application of occupational safety and health methodologies for hazard controls to the prevention of COVID-19. Multiple layers of controls are recommended, including measures such as remote work and flextime, personal protective equipment (PPE) and face coverings, social distancing, and enhanced cleaning programs. Recently, engineering controls have been emphasized, particularly stressing the importance of HVAC systems meeting a minimum of 5 air changes per hour with ventilation or MERV-13 filters, as well as the installation of UVGI systems in public areas.

<span class="mw-page-title-main">Right to sit</span> Policies granting the right to be granted suitable seating at work

The right to sit refers to laws or policies granting workers the right to be granted suitable seating at the workplace. Jurisdictions that have enshrined "right to sit" laws or policies include Japan, Mexico, France, Spain, Argentina, the United Kingdom, Jamaica, South Africa, Eswatini, Cameroon, Tanzania, Uganda, Lesotho, Malaysia, Brazil, Israel, Ireland, Zambia, Guyana, the Indian states of Tamil Nadu and Kerala, several Canadian provinces and territories, and the British overseas territories of Gibraltar and Montserrat. Almost all states of the United States and Australia, as well as the majority of Canadian provinces, passed right to sit legislation for women workers between 1881 and 1917. US states with current right to sit legislation include California, Florida, Massachusetts, Montana, New Jersey, New York, Oregon, Pennsylvania, West Virginia, and Wisconsin. A right to sit provision is included in the International Labour Organization's Hygiene Convention, 1964; the international treaty being ratified by 52 countries as of 2023. EU-OSHA recommends suitable seating as a best practice. Local jurisdictions with right to sit laws include Portland, Oregon, St. Louis, Missouri, and London's Royal Borough of Kensington and Chelsea.

The right to sit in the United States refers to state and local laws and regulations guaranteeing workers the right to sit at work when standing is not necessary. The right to sit was a pillar of the early labor movement. Between 1881 and 1917, almost all states, the District of Columbia, and Puerto Rico had passed legislation concerning suitable seating for workers. These laws were enacted during the Progressive Era, spearheaded by women workers in the labor movement. The original texts of these laws almost always applied only to female workers. Most states with right to sit laws have subsequently amended their laws to include all workers regardless of sex. Some states allow seating accommodations for workers who are minors, disabled, or pregnant. There is no federal right to sit law, nor is the US a signatory to the International Labour Organization's Hygiene Convention, 1964, which contains a suitable seating provision. Disabled workers who qualify can request seating as a reasonable accommodation under the Americans with Disabilities Act. Pregnant workers can request seating under the Pregnant Workers Fairness Act.

<span class="mw-page-title-main">Potty parity in the United States</span>

Potty parity in the United States refers to laws and policies granting women the right to equitable access to restrooms in public places and workplaces. Spearheaded by women workers, potty parity has long been a pillar of both the feminist movement and the labor movement. Prior to the passage of potty parity legislation, women's restrooms in many workplaces and public places were either absent or insufficient. Despite the passage of legislation, equitable access to public toilets remains a problem for women in the United States. No federal legislation relates to provision of facilities for women; however, Occupational Safety and Health Administration regulations stipulate "toilet rooms separate for each sex" unless unisex toilets are provided. States with active potty parity laws include Arkansas, Illinois, Kentucky, Massachusetts, Nevada, Tennessee, Virginia, Washington, and West Virginia. Some states, including Alabama, Minnesota, and North Carolina have repealed their laws.

References

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