1926.51(a): Drinking Water on Construction Sites
Construction employers must provide an adequate supply of potable water at all places of employment. Portable drinking water containers must close tightly and have a tap, water may not be dipped out, and containers must be clearly marked and used for nothing else. Common drinking cups are banned, and where single-use cups are supplied there must be a clean container for unused cups and a receptacle for used ones.
Key takeaways
- 1926.51(a) is part of OSHA's construction standards (29 CFR Part 1926, Subpart D).
- OSHA cited it 22 times in the last 3 years, in 22 inspections, with $86,132 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: FL (4), NV (4), PR (4).
- Related part: 1926.51(a)(1) (17 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.51(a) ("Potable water") is one requirement inside 1926.51 Sanitation, an OSHA construction standard (Part 1926, Subpart D). It includes 6 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
(a) Potable water. 22 citations
(1) An adequate supply of potable water shall be provided in all places of employment. Open (a)(1) 17 citations
(2) Portable containers used to dispense drinking water shall be capable of being tightly closed, and equipped with a tap. Water shall not be dipped from containers.
(3) Any container used to distribute drinking water shall be clearly marked as to the nature of its contents and not used for any other purpose.
(4) The common drinking cup is prohibited. 5 citations
(5) Where single service cups (to be used but once) are supplied, both a sanitary container for the unused cups and a receptacle for disposing of the used cups shall be provided.
(6) Potable water means water that meets the standards for drinking purposes of the State or local authority having jurisdiction, or water that meets the quality standards prescribed by the U.S. Environmental Protection Agency's National Primary Drinking Water Regulations (40 CFR part 141).
Source: eCFR, text current as of 2026-10-15. Read all of 1926.51.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1926.51(a).
At 3:15 p.m. on June 5, 2024, employees noticed that their coworker, Employee #1, appeared unwell and advised him to go to the car and cool off in the air conditioning. About 15 minutes later, the employee was found on the ground experiencing convulsions. Emergency…
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 3 |
| 2024 | 5 |
| 2025 | 9 |
| 2026 | 5 |
Top states: FL (4), NV (4), PR (4), UT (3), TX (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| QUAIL CONSTRUCTION LLC | LAS VEGAS, NV | $11,585 |
| FIRST STAR CONSTRUCTION LLC | BENTONVILLE, AR | $11,585 |
| JERRY'S INC. | MILLSBORO, DE | $9,268 |
| AZAR SERVICES, LLC | LAREDO, TX | $7,530 |
| FOUR STAR OF MANATEE COUNTY, INC. | SARASOTA, FL | $6,250 |
Free toolbox talk
A 5-minute crew talk on 1926.51(a), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.51(a).
Related parts of this rule
- 1926.51(a)(1) 17 citations
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
Can workers share a drinking cup?
No. The common drinking cup is prohibited.
What must a portable water container have?
It must be capable of being tightly closed and be equipped with a tap; water may not be dipped from it.
What counts as potable water?
Water that meets State or local drinking standards, or EPA National Primary Drinking Water Regulations (40 CFR part 141).
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 2026-10-19
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.