ANSWERS: 1
  • Employees occasionally need to take a break from work to eat, use the restroom, and smoke. The Occupational Safety and Health Administration (OSHA) does not mandate lunch periods and work breaks.

    History

    OSHA was created by Congress in 1971, and its mission is to "prevent work-related injuries, illnesses, and deaths." The agency's rules and regulations have reduced job-related injuries by 42 percent, and deaths by 62 percent.

    OSHA and the Workplace

    A federal or state OSHA poster containing employee safety rights must be hung in all workplaces. Employees who notice unsafe working conditions can report their employers to OSHA. Employers with more than 11 employees must keep records concerning all work-related deaths and injuries.

    Federal and State Law

    According to the U.S. Department of Labor, federal law does not mandate lunch breaks. Currently, 22 states have laws requiring employers to offer an uncompensated meal period, while seven states require paid rest breaks.

    Breaks

    Breaks are offered via an agreement between employees and employers. A lunch break is generally 30 minutes, while a coffee break is 20 minutes or less. Lunch breaks, if offered, do not have to be compensated by the employer, but snack breaks must be compensated.

    OSHA's Interpretation

    Although breaks are not legally required, according to employeeissues.com, OSHA's sanitation standard has been interpreted to mean that it "requires employers to make toilet facilities available, so that employees can use them when they need to do so." A Safety and Health Guide published by OSHA also suggests that break periods and meals should be provided when shifts extend beyond normal work periods.

    Source:

    dol.gov: When Must Breaks and Meal Periods Be Given?

    dol.gov: Breaks & Meal Periods

    employeeissues.com: Work Breaks and Meals

    More Information:

    Occupational Safety and Health Administration (OSHA) Homepage

    osha.gov: FAQ

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