Many California workers have a legal right to proper drinking water facilities in their workplace—and being told to drink from the bathroom sink isn’t enough to satisfy your employer’s obligations. If your employer points you to the bathroom when you need a drink of water, they may be violating California workplace safety regulations.
California Law Requires Proper Drinking Water Facilities
California has clear rules about workplace drinking water. Under California Labor Code Section 2441, employers must provide “fresh and pure drinking water” to employees during working hours at “reasonable and convenient times and places”—and they can’t charge you for it. Moreover, Title 8, California Code of Regulations, Section 3363(b) explicitly states that “drinking fountains and portable drinking water dispensers shall not be located in toilet rooms.” This regulation makes it clear that bathroom sinks—even if they technically provide potable water—are not acceptable as your employer’s primary drinking water source.
What Your Office Should Provide
Employers should provide, outside of any restrooms:
- Adequate supply of potable water for drinking
- Water that is “fresh and pure” and maintained in clean, sanitary conditions
- Access during working hours at reasonable times
This could be a traditional water cooler, drinking fountain, or other proper water dispensing system—but it can’t be located in the bathroom. And importantly, your employer cannot require you or your coworkers to chip in money to buy water or contribute to a pool fund to purchase a water cooler (as the sole source of drinking water). The law requires employers to provide this “without making a charge therefor.”
What You Can Do
If your workplace lacks proper drinking water facilities, consider:
- Documenting the situation – Note what water sources are available and their conditions
- Reporting that clean drinking water is a right– Understand that retaliation for reporting safety violations to your supervisor or another employee responsible for investigating the matter is illegal
- Consulting with an attorney – Workplace safety violations and provide a basis for penalties against your employer and can be part of larger patterns of labor law violations
The bottom line: You have the right to clean, accessible drinking water at work—and the bathroom sink doesn’t cut it. If your employer isn’t meeting these basic health and safety requirements, it may be time to explore your legal options.
If you believe your workplace rights are being violated, contact our firm for a consultation. We represent workers throughout California in wage and hour disputes, workplace safety violations, and other employment law matters.
Note: This blog post discusses general workplace safety requirements. Additional case law and regulatory guidance may apply to specific situations.