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Third-Party Delivery Workers and Restroom Access

1/25/22

As a reminder, as of Monday, January 24th the New York City law takes effect requiring food service establishments to provide “toilet facility” access to food delivery workers who work for third-party delivery companies. 

  • The term “toilet facility” means a toilet facility on the premises of a food service establishment that is a dedicated facility for its patrons or that is a dedicated facility for its employees to the extent such establishment does not have a dedicated facility for its patrons.


  • The only exception to this requirement is where accessing the toilet facility would require a food delivery worker to walk through such establishment’s kitchen, food preparation or storage area or utensil washing area to access such facility OR where accessing the toilet facility would create an obvious health and safety risk to the food delivery worker or to the establishment.