Q&A: Responding to handwashing complaints at work

Question

We have had several complaints regarding a specific employee who does not wash their hands after going to the bathroom. They work in close proximity to others and handle the same parts and tools on the assembly line.  We do not have any specific policy on handwashing.  Our dress code policy says this: “Employees are expected to maintain personal hygiene and wear clean clothing at all times.”   What is the best way to handle this? We already have posted signs in all bathrooms reminding employees to wash their hands, but that has not worked.

Answer

There are a number of things that an employer can do to encourage proper hand hygiene in the workplace. In the Centers for Disease Control’s (CDC) About Hand Hygiene at Work, they suggest the following action plan and tips:

Tips for protecting employee health

Hand hygiene can lower the chances of spreading illnesses to others when you shake hands or touch common surfaces and objects, such as tables and doorknobs.

• Increase access to sinks that are accessible to all employees in places such as bathrooms, food preparation areas, or eating areas.
• Provide soap, water, and a way to dry hands (for example, paper towels or a hand dryer) so employees can wash and dry hands properly.
• Place hand sanitizer dispensers with at least 60% alcohol near frequently touched surfaces, in areas where soap and water are not easily accessible, such as near elevators, shared equipment, building entrances, and exits.
• Put visual reminders, like signs or posters, in bathrooms or kitchen areas to remind employees to wash their hands.
• Provide other hygiene supplies such as tissues and no-touch/foot pedal trash cans.
• Promote and model other healthy habits, such as covering coughs and sneezes, then washing hands.
• Clean frequently touched surfaces, such as countertops, handrails, and doorknobs, regularly.
• Tell sick employees to stay home until they are symptom-free.
• Remind employees to practice and model good hand hygiene at home.

Employers can also educate employees on the importance of hand hygiene. The CDC provides health promotion educational materials here.

Even if an employer has a policy mandating handwashing, it is difficult to enforce, particularly in industries not mandated by law to do so. It would be difficult and ill-advised to attempt to police handwashing, particularly in restrooms where there is a certain expectation of privacy.  It is not a recommended practice to monitor employees’ bathroom behavior.

When addressing the particular matter you have described, you will want to consider what obligations they have to all employees involved. This matter will need to be managed sensitively and confidentially. You will want to thank the complaining employee(s) for bringing the matter to your attention, advise that the matter will be addressed and taken seriously, and that the matter should be kept confidential. You will want to implement as many as possible of the CDC’s recommendations above, as appropriate for your workplace.

You may want to discuss this issue with the employee who is the subject of such complaints directly. In doing so, you will want to ensure that the conversation prioritizes the employee’s dignity while emphasizing the importance of a clean and healthy work environment (and how handwashing contributes to that). This conversation must be undertaken delicately and tactfully.

The conversation should take place in a private setting where you will not be overheard. The conversation should be framed as a supportive and constructive feedback session, rather than an accusatory one. Being direct but sensitive will better enable you to have a productive conversation. You will want to explain the importance and necessity of handwashing and the company’s expectations regarding hygiene. You will want to inquire if the employee has encountered any impediments to handwashing (such as time constraints or lack of cleaning materials).

Perhaps they have an allergy or health condition that affects their handwashing protocol. If so, you will want to consider your obligations as an employer under the Americans with Disabilities Act. You may want to reference any training provided or provide instructional materials that have been previously distributed to employees. The employee should be given time to ask questions.

You will want to be sure that you are treating this employee the same as you have/would other employees with handwashing or other hygiene issues, to avoid claims of discrimination.

If appropriate and feasible, you may want to provide gloves and encourage all employees to wear them as a health and safety measure.

Note that the HR Hotline does not provide legal advice and recommends consultation with legal counsel who will be able to review the specific facts and circumstances and provide legal advice accordingly.

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