1926.51(c): Toilets at Construction Jobsites
Construction employers must provide toilets based on crew size: 1 facility for 20 or fewer employees, 1 toilet seat and 1 urinal per 40 workers for 20 or more, and 1 per 50 workers for 200 or more. At least one toilet is required under temporary field conditions, and sites without a sanitary sewer need privies or chemical, recirculating or combustion toilets unless local codes prohibit them. Mobile crews with transportation readily available to nearby toilets are exempt.
Key takeaways
- 1926.51(c) is part of OSHA's construction standards (29 CFR Part 1926, Subpart D).
- OSHA cited it 12 times in the last 3 years, in 12 inspections, with $6,114 in current penalties.
- Most citations: MS (9), AK (1), PA (1).
- Related part: 1926.51(c)(1) (10 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.51(c) ("Toilets at construction jobsites") is one requirement inside 1926.51 Sanitation, an OSHA construction standard (Part 1926, Subpart D). It includes 8 sub-paragraphs. The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(c) Toilets at construction jobsites. 12 citations
(1) Toilets shall be provided for employees according to the following table: Open (c)(1) 10 citations
| Number of employees | Minimum number of facilities |
|---|---|
| 20 or less | 1. |
| 20 or more | 1 toilet seat and 1 urinal per 40 workers. |
| 200 or more | 1 toilet seat and 1 urinal per 50 workers. |
(2) Under temporary field conditions, provisions shall be made to assure not less than one toilet facility is available. 2 citations
(3) Job sites, not provided with a sanitary sewer, shall be provided with one of the following toilet facilities unless prohibited by local codes:
(i) Privies (where their use will not contaminate ground or surface water);
(ii) Chemical toilets;
(iii) Recirculating toilets;
(iv) Combustion toilets.
(4) The requirements of this paragraph (c) for sanitation facilities shall not apply to mobile crews having transportation readily available to nearby toilet facilities. Open (c)(4)
Source: eCFR, text current as of 2026-10-15. Read all of 1926.51.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2024 | 12 |
Top states: MS (9), AK (1), PA (1), NC (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| FLAGGER FORCE LLC. | ALLENTOWN, PA | $4,114 |
| ANDERCORP, LLC | MISSISSIPPI STATE, MS | $2,000 |
| NATIONAL PARK SERVICE | DENALI NATIONAL PARK, AK | $0 |
| JEM LLC | MISSISSIPPI STATE, MS | $0 |
| GLASS INC. | MISSISSIPPI STATE, MS | $0 |
Free toolbox talk
A 5-minute crew talk on 1926.51(c), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Clarification of mobile workers and sanitation facility requirements under HAZWOPER. (2011-03-11)
- Whether toilets at a construction jobsite must be in a sanitary condition to meet the requirements of 29 CFR 1926.51(c). (2006-05-17)
- Providing employees with toilet facilities on a construction jobsite. (2005-02-23)
- Mobile crews must have prompt access to nearby toilet facilities. (2002-06-07)
Related parts of this rule
- 1926.51(c)(1) 10 citations
- 1926.51(c)(4)
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
How many toilets does a crew of 20 or fewer need?
One facility.
What about larger crews?
For 20 or more, 1 toilet seat and 1 urinal per 40 workers; for 200 or more, 1 toilet seat and 1 urinal per 50 workers.
Do mobile crews need jobsite toilets?
Not if they have transportation readily available to nearby toilet facilities.
About this page
Sources
- 29 CFR 1926.51 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-20
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.