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Posted By BJA
Is there any current guidance?
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Posted By martinw
This may help in relation to pulic authorities:
The Gender Duty
The Equality Act 2006 amended the Sex Discrimination Act 1975 and introduced an Equality Duty on public authorities when carrying out their functions to ensure services, practices and policies are developed with the different needs of men and women in mind.
Martin
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Posted By Peter F.
Why would you need different toilets for gay people?
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Posted By martinw
Regarding gender reassignment, this sometimes is due to some women complaining about the presence of what they still see as a man despite his having previously undergone gender reassignment, and the same scenario for men complaining in the alternative scenario. I agree though, no reason at all for having seperate toilet provision for gay men or women. First, on what grounds, and second, who has such 'gaydar' that they can tell who is or who is not gay? Third, what does it matter? It's a toilet!
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Posted By BJA
Toilets and Changing rooms are generally segregated due to sexual orientation.
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Posted By A Campbell
I was under the impression they seperate for gender purposes and not orientation... what happens for bisexuals?????
oops... all this talk .. now need the loo... which one hmmmm?
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Posted By martinw
What if sexual orientation has changed? In the event that someone who was a man but has undergone gender reassignment and is now a woman, what toilet would you say that they should use BJA? I personally do not care one way or the other but would be interested in any opinion.
What is this to do with health and safety? Surely this is more to do with equality legislation?
Martin
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Posted By Benjamin76
Why not just shut the door?
Also, what should you do with the lid, up or down? We have no chance getting it right now.
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Posted By John Packer
This isn't Health & Safety was my initial reaction as well but after consideration I accepted that it is welfare and that welfare is usually part of most H&S profs remit as well.
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Posted By Michael Lewis
Assuming you have unisex disabled toilet provision, if a person with trans gender issues does not wish to use a toilet designated for members of a particular gender, couldn't they be directed to the non-gender specific disabled facilities?(Without, of course, suggesting that they have some sort of disability!)
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Posted By martinw
Agreed John, there should be provision for a welfare purpose, but that is not my point: how is health and safety involved when making a different choice of toilet(not urinals) due to whether someone has changed their gender?
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Posted By IOSH Moderator
BJA,
Please can you clarify what the workplace health, safety or environmental issue is here.
The moderators are struggling to see how the thread fits within the forum remit at the moment as it appears to be an equality & diversity question?
Thanks.
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Posted By IOSH Moderator
BJA,
Please can you clarify what the workplace health, safety or environmental issue is here.
The moderators too are struggling to see how the thread fits within the forum remit at the moment as it appears to be an equality & diversity question?
Thanks.
Jonathan
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Posted By Eddie
Isn't this an example of an issue where well intentioned H&S people are in danger of straying outside of their area of competency into what is probably a HR issue.
I cannot believe that any H&S manager/officer would be making arbitrary decisions in what can be a highly contentious area without HR support and guidance.
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Posted By Barrie (Badger) Etter
I think sometimes this open forum and its' members are too willing to help (although this is not a bad thing) those who have a question. Let's hope the new forums can point such questions where they belong.
Reference the question I'm with just closing the door behind the person or if others in the company have issues the tell the x-gender person to use the disable toilet for privacy reasons until all the hubbub goes flat.
Badger
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Posted By BJA
IOSH Moderator
Workplace (Health Safety and Welfare) Regs
Sanitary conveniences
20.—(1) Suitable and sufficient sanitary conveniences shall be provided at readily accessible places.
(2) Without prejudice to the generality of paragraph (1), sanitary conveniences shall not be suitable unless—
(a) the rooms containing them are adequately ventilated and lit;
(b) they and the rooms containing them are kept in a clean and orderly condition; and
(c) separate rooms containing conveniences are provided for men and women except where and so far as each convenience is in a separate room the door of which is capable of being secured from inside.
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Posted By Phil Rose
BJA - I am back at work tomorrow after my break, and I believe that my colleague opposite me has just completed our 'transgender' policy which I would think she will be happy to share if interested.
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Posted By andrew morris
As I understand it you don't even need seperate toilets for men and women, as long as there are seperate, lockable cubicles. Social acceptability has encouraged us to to provide seperate ones, but it is not illegal for people to use the "wrong" ones.
As to which one the individual should use - as the other posts have said this is probably HR - but I would say whichever they feel is appropriate (especially as most ladies loo's are generally more private than mens urinals!) It sounds more like some of your colleagues are not completely understanding of the situation.
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Posted By Rob W
What a ridiculous situation, political correctness gone mad.
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Posted By Yossarian
BJA,
I think you'll find that if you look again at the Regulation you have quoted, the sexuality of the individual using the facility doesn't enter into it.
Similarly, if the individual is using a cubicle (as would be the case for any pre-op transgender person using the toilet facilities of the gender they are changing to), there is no problem - as Andrew Morris has pointed out.
I think the issue you raise has nothing to do with health or safety and more to do with but more to do with Discrimination Legislation, on which a HR professional can best advise.
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