What are our obligations to employees when there is a building emergency such as a water main break? 

While  there are no federal or state laws that specifically address this issue, there are several factors to consider in the event of a water main break at an employer's location or building. Employee safety is the primary concern for an employer, followed by employee comfort.

In buildings with built-in sprinkler systems, city, municipality or building codes may mandate a fully functioning sprinkler system in the buildings as long as there are human occupants. In the event of a water main break, there may not be enough water or pressure to deliver water when the sprinkler system is activated by smoke or fire. This can lead to a serious life-safety issue, and therefore, employees should be sent home immediately. Employers should work with their facilities personnel or building engineers to understand local laws and building codes.

Depending on the duration of the water main break outage, employers also should consider employees' access to toilets. Occupational Safety and Health Administration (OSHA) standards require employers to make toilet facilities available so that employees can use them when they need to do so. The employer may not impose unreasonable restrictions on employee use of the facilities.

The OSHA regulations define a toilet facility as "a fixed or portable facility designed for the purpose of adequate collection and containment of the products of both defecation and urination, which is supplied with toilet paper adequate to employee needs. Toilet facility includes biological, chemical, flush and combustion toilets and sanitary privies."

Employers need to ensure that there is enough water pressure available so that toilets can be cleanly and effectively flushed and hand washing facilities are functional.  Without these facilities, the employer risks creating a health hazard. See 29 CFR §1910.141(c).  

An option for employers with other buildings or office locations is to transfer employees temporarily to the other locations for the duration of the water main break rather than send employees home. Employers should avoid sending employees to non-affiliated neighborhood establishments or restaurants to "borrow" their toilet facilities, unless the neighborhood establishment agrees to it.

Employee safety is always the primary concern. If there is any doubt about the safety of employees as a result of the water main break, the best recourse is to send employees home.